2026:UHC:3813 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.2554 of 2025 Hon ’ble Alok Mah r a, J. Mrs. Sheetal Selwal, Advocate for the applicant. Mr. Manoj Bhatt, Brief Holder for the State of Uttarakhand. 2. This first bail application has been moved by the applicant seeking regular bail in Case Crime/ F.I.R. No.0129 of 2025, under Sections 137(2), 64(2) (3), 65(1) of B.N.S. and Section 5(m)/ 6 of POCSO Act, registered at Police Station Haldwani, District Nainital. 3. A missing report was lodged by the father of the victim on 28.04.2025 alleging that his minor daughter had been missing since 26.04.2025. Subsequently, the victim was recovered on 24.05.2025 from the company of the applicant. Thereafter, her statements under Sections 180 and 183 of B.N.S.S. were recorded, wherein she stated that she and the applicant were acquainted with each other, had developed a love relationship and had been residing together in a live-in relationship for the last about ten months. She further stated that, during the said period, they had established physical relations with her consent. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and is languishing in judicial custody since 28.04.2025. It is contended that the statement of the victim has also been 2026:UHC:3813 recorded before the Court below as P.W.1, wherein she has substantially reiterated the version given by her in her statements recorded under Sections 180 and 183 of B.N.S.S. Learned counsel further submits that, at the time of the alleged incident, the victim was above 16 years of age, whereas the applicant was about 22 years of age. It is further argued that the entire prosecution case arises out of a consensual love affair between the parties and no allegation of force, coercion or inducement is borne out from the statements of the victim. It is further submitted that since the victim has already been examined before the trial Court, the possibility of the applicant influencing or tampering with the prosecution evidence does not survive. It is lastly submitted that the trial is likely to take considerable time and, therefore, the applicant deserves to be enlarged on bail. 5. Learned State Counsel vehemently opposed the bail application. 6. The victim, in her statements recorded under Sections 180 and 183 of B.N.S.S., and also in her deposition before the trial Court as P.W.1, has categorically stated that she was acquainted with the applicant, was in a consensual love relationship with him and had voluntarily resided with him in a live-in relationship for about ten months. Her statements do not disclose any allegation of force, coercion, threat or inducement against the applicant. The victim has already been examined before the trial Court and, therefore, the possibility of the applicant influencing witnesses or tampering with prosecution evidence appears remote. The applicant 2026:UHC:3813 is in judicial custody since 28.04.2025 and the conclusion of trial is likely to take time. 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-Shueb Hamza Siddiqui 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.) 18.05.2026 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=eabb68a3895e41937c266c23964c04853 65445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D 454C5109CB987446351E4DF04AADAA2C2CEA66 , cn=ARPAN JAISWAL Date: 2026.05.18 18:27:26 +05'30'