2026:UHC:3993 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.1325 of 2025 Hon ’ble Alok Mah r a, J. Mr. Shrikant Purohit, Advocate for the applicant. Mr. B.N. Molakhi, Deputy Advocate General 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.218 of 2023 (S.S.T. No.118 of 2023), under Sections 363, 376(3), 506 I.P.C. and Section 3A/ 4 of POCSO Act, registered at Police Station Kankhal, District Haridwar. 3. An F.I.R. came to be lodged by the aunt of the victim alleging therein that the applicant had sexually assaulted the victim after taking her to the room of one of his friends. Upon completion of investigation, charge sheet was submitted against the applicant. 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 19.06.2023. It is further submitted that, as per the statement of the Principal of the School where the victim was studying, the date of birth of the victim is recorded as 12.08.2008 and, thus, on the date of the alleged incident, she was aged about 14 years and 8 months. Learned counsel further submits that although in her statements recorded under Sections 180 and 183 of B.N.S.S., the victim had supported the prosecution case, however, during her examination-in-chief before the learned trial Court, she did not support the allegations and categorically denied occurrence of any such incident dated 2026:UHC:3993 14.04.2023. It is also submitted that the statements of the complainant as well as the victim have already been recorded before the trial Court and, therefore, there remains no likelihood of the applicant influencing or tampering with the prosecution evidence. 5. Learned State counsel vehemently opposed the bail application. 6. Having regard to the totality of the facts and circumstances of the case, the nature of accusations, the evidence collected during investigation, and the period of incarceration undergone by the applicant since 19.06.2023, this Court finds it to be a fit case for grant of bail. Although the victim, in her statements recorded under Sections 180 and 183 of B.N.S.S., had supported the prosecution case, however, during her examination-in-chief before the learned trial Court, she did not support the prosecution version and denied occurrence of the alleged incident. Further, the material witnesses, namely the complainant and the victim, have already been examined before the trial Court and, therefore, the apprehension of influencing witnesses or tampering with prosecution evidence does not survive. Considering that conclusion of trial is likely to take considerable time and without commenting upon the merits of the case, the applicant deserves to be enlarged on bail at this stage. The bail application is allowed. 7. Let the applicant-Rohit Kumar 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.) 21.05.2026 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=eabb68a3895e41937c266c23964c0485365445e3a20dddb7 393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446 351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.05.21 16:50:40 +05'30'