2026:UHC:3811 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.2081 of 2025 Hon ’ble Alok Mah r a, J. Mr. Deep Chandra Joshi and Mr. Dharmesh Kumar, Advocates 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 F.I.R. No.401 of 2025, under Sections 137(2) and Section 64(2) of B.N.S., 2023, registered at Police Station Kotwali Manglaur, District Haridwar. 3. As per the allegations contained in the F.I.R., the applicant, by allegedly deceiving the complainant, called her from her house at about 12: 00 midnight and took her on his motorcycle to Saharanpur. It is further alleged that another motorcycle, ridden by one Naushad, was accompanying them. Thereafter, the complainant was allegedly confined in a room, where both the applicant and Naushad repeatedly committed rape upon her. It is also alleged that, on account of police pressure, on 15.05.2025 at about 08: 00 p.m., the accused persons brought one Manish Kumar Maurya with them near the police station, while they themselves remained standing at some distance, and the complainant was sent to the police station along with Manish. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It 2026:UHC:3811 is further submitted that the applicant has no criminal antecedents and is in judicial custody since 17.07.2025. Learned counsel contends that a bare perusal of the F.I.R. would reveal that, according to the prosecution story itself, the complainant had reached the police station on 15.05.2025 at about 08: 00 p.m.; however, no complaint was lodged on that date and the F.I.R. came to be registered only on 17.05.2025 at about 07: 50 p.m., for which no plausible explanation has been furnished by the prosecution. It is further submitted that the medical examination of the complainant does not support the allegation of forcible sexual assault, inasmuch as, the doctor did not find any internal or external injury suggestive of forceful intercourse. Learned counsel further submits that, in her statements recorded under Sections 180 and 183, the complainant has made material improvements and contradictions from the version narrated in the F.I.R., which creates serious doubt regarding the veracity of the prosecution story. 5. Learned State Counsel vehemently opposed the bail application. 6. The F.I.R. appears to have been lodged after an unexplained delay, despite the allegation that the complainant had reached the police station on 15.05.2025 itself. The medical examination report also does not indicate any internal or external injuries suggestive of forcible sexual assault. Moreover, material contradictions and improvements are stated to exist between the version contained in the F.I.R. and the statements recorded subsequently under Sections 180 and 2026:UHC:3811 183, which prima facie creates doubt regarding the prosecution story. The applicant has no criminal antecedents and is in judicial custody since 17.07.2025. There is no material on record to show that the applicant would misuse the liberty of bail or tamper with prosecution evidence if released on bail. 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-Akaram @ Arman 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=eabb68a3895e41937c266c23964c0485365445e 3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C51 09CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.05.18 18:26:44 +05'30'