2026:UHC:3625 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS BA1 No.1723 of 2025 Hon ’ble Alok Mah r a, J. Mr. Harshpal Sekhon, Advocate for the applicant. Mrs. Pushpa Bhatt, Additional Advocate General for the State of Uttarakhand. Mr. Mani Kumar, Advocate for the complainant. 2. This first bail application has been moved by the applicant seeking regular bail in F.I.R. No.335 of 2025, under Sections 137(2), 87 of B.N.S., 2023 and Section 16/ 17 of POCSO Act, registered at Police Station Jaspur, District Udham Singh Nagar. 3. An F.I.R. was lodged by the father of the victim alleging that the applicant had enticed away his minor daughter during the night of 28.07.2025. During the course of investigation, the victim was recovered from the company of the applicant. Upon completion of investigation, the Investigating Officer submitted the charge- sheet against the applicant. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case; he has no criminal antecedents and is in judicial custody since 30.07.2025. It is contended that the applicant and the victim were neighbours, were well acquainted with each other and shared friendly relations. Learned counsel further submits that both belonged to different communities and, owing to such social disapproval, the present F.I .R. has been lodged against the applicant with ulterior motives. I t is further submitted that the statements of the victim recorded under 2026:UHC:3625 Sections 180 and 183 supported the defence version to the extent that the victim had voluntarily gone during the night to return the mobile charger to the applicant. In her said statements, the victim stated that when she reached there, the electricity went off and thereafter both of them left the place together. However, while deposing before the trial Court as P.W.-1, the victim allegedly improved and materially changed her earlier version by stating that the applicant compelled her to sit on the motorcycle and thereafter took her to Thakurdwara. Learned counsel submits that such material contradictions in the statements of the victim create serious doubt regarding the prosecution story and the same shall be tested during trial. It is also submitted that there is no allegation of any sexual assault against the applicant. The statement of the victim has already been recorded before the trial Court and, therefore, there remains no possibility of influencing the prosecution witnesses or tampering with the evidence. Learned counsel further submits that the applicant is about 21 years of age and, in the event he is kept incarcerated for a prolonged period during pendency of the trial, the same is likely to adversely affect and jeopardize his future prospects and career. 5. Learned State Counsel vehemently opposed the bail application. 6. The applicant has no criminal antecedents and is in judicial custody since 30.07.2025. The material collected during investigation prima facie reflects that the victim and the applicant were acquainted with each other and the statements of the victim recorded under Sections 180 and 183 indicate circumstances suggesting that she had voluntarily accompanied the applicant. It also appears that certain material contradictions and improvements have surfaced in her testimony before the trial 2026:UHC:3625 Court, the evidentiary value whereof can only be examined during the course of trial. Moreover, there is no specific allegation of sexual assault against the applicant. Since the statement of the victim has already been recorded before the trial Court, the possibility of influencing prosecution witnesses or tampering with evidence appears remote. The applicant is also stated to be about 21 years of age and prolonged incarceration during pendency of the trial is likely to adversely affect and jeopardize his future prospects and career. 7. Accordingly, without expressing any opinion on the ultimate merits of the matter, this Court is of the considered view that the applicant has made out a case for grant of bail at this stage. The bail application is allowed. 8. Let the applicant-Sahil be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. ( Alok Mah r a, J.) 12.05.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c04853654 45e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454 C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.05.12 18:08:26 +05'30'