2026:UHC:4308 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No.2351 of 2025 Hon’ble Alok Mahra, J. Mr. Rajat Mittal, Advocate for the applicant. Mr. Prabhat Kandpal, A.G.A. 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.13 of 2025, under Sections 137(2), 65(1) of B.N.S. and Section 3ka/4(2) of POCSO Act registered at Police Station Buggawala, District Haridwar. 3. The First Information Report was lodged by the father of the victim alleging that on 16.03.2025, the applicant had enticed away his minor daughter, aged about 14 years. It was further alleged that the applicant left the victim outside the village boundary on the evening of 17.03.2025. The complainant expressed apprehension that the applicant had committed some wrongful act with his minor daughter during the intervening period. During the course of investigation, the statements of the victim were recorded under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, wherein she supported the prosecution case. The victim was also subjected to medical examination and the medical evidence was collected as part of the investigation. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case; that he has no criminal antecedents and is in judicial custody since 18.03.2025. It is further submitted that the F.I.R. has been lodged on false, fabricated and concocted allegations with the ulterior motive of implicating the applicant in a grave offence. Learned counsel contends that there is no cogent or reliable material on record to substantiate the allegations of sexual assault against the applicant. He submits that there are major contradictions in the statements of the victim. Learned counsel also submits that the applicant undertakes not to misuse the liberty of bail and shall cooperate with the trial proceedings. 5. Per contra, learned State Counsel vehemently opposed the bail application. It is submitted that the allegations levelled against the applicant are grave 2026:UHC:4308 and serious in nature, pertaining to the sexual exploitation of a minor victim. Learned counsel submits that the prosecution case is duly corroborated by the statements of the victim recorded under Sections 180 and 183 of the B.N.S.S., wherein she has consistently supported the allegations levelled in the F.I.R. It is further submitted that the victim has also been examined before the trial Court as P.W.-1 and, in her testimony on oath, has reiterated and supported the prosecution version in material particulars. It is, therefore, contended that considering the gravity of the offences alleged, the tender age of the victim, the material collected during the course of investigation, and the statements of the victim and other prosecution witnesses, no ground for grant of bail is made out in favour of the applicant. 6. Heard learned counsel for the parties and perused the record. The allegations pertain to the sexual exploitation of a minor victim, which constitute serious offences carrying severe punishment. The statements of the victim recorded under Sections 180 and 183 of the B.N.S.S. consistently support the prosecution case. Moreover, the victim, while being examined before the trial Court as P.W.-1, has reiterated the allegations against the applicant on oath and has materially supported the prosecution version. At this stage, there appears to be sufficient prima facie material connecting the applicant with the alleged offence. Considering the heinousness of the offence, the age of the victim, and the possibility of influencing witnesses, this Court finds that custodial protection of the applicant is necessary. 7. Considering the nature of accusations, the age of the victim, and the overall facts and circumstances, no ground for grant of bail is made out at this stage. 8. Accordingly, the bail application is rejected. (Alok Mahra, J.) 30.05.2026 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=eabb68a3895e41937c266c23964c0485365445e3a 20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109C B987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.05.30 16:50:46 +05'30'