2026:UHC:4389 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.2317 of 2025 Hon’ble Alok Mahra, J. Mr. Pankaj Singh Chauhan, Advocate for the applicant. Mr. Pratiroop Pande, A.G.A. for the State of Uttarakhand. 2. This first bail application has been moved by the applicant seeking regular bail in F.I.R. No.168 of 2024, under Sections 323, 376, 504, 506 I.P.C. and Section 5/6 of POCSO Act, registered at Police Station Transit Camp, District Udham Singh Nagar. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is contended that the applicant has no criminal antecedents and has been in judicial custody since 16.06.2024. It is further submitted that the medical examination of the victim was conducted during the course of investigation. However, the prosecution allegation that the victim suffered a miscarriage after allegedly slipping from the stairs is not substantiated by the medical evidence available on record. Learned counsel submits that the medical report does not corroborate the said allegation. It is also submitted that the trial is progressing at a slow pace. Out of the cited prosecution witnesses, only one witness, namely the victim, has been examined so far, and her examination-in-chief was recorded on 07.11.2024. The victim, in her testimony before the trial Court, has supported the prosecution version and 2026:UHC:4389 stated that the applicant established physical relations with her on the assurance of marriage. Learned counsel further submits that the victim was admittedly more than 17 years of age at the time of the alleged incident and was well acquainted with the applicant. Since the victim, who is the star prosecution witness, has already been examined before the trial court, the possibility of the applicant influencing or intimidating her or otherwise tampering with the prosecution evidence is substantially diminished. It is further argued that the applicant has remained incarcerated for a considerable period and there is no likelihood of the trial concluding in the near future. The applicant undertakes to cooperate with the trial proceedings and shall not misuse the liberty of bail, if granted. 4. Learned State Counsel vehemently opposed the bail application. 5. Considering the submissions advanced by learned counsel for the parties, the period of incarceration undergone by the applicant since 16.06.2024, the absence of any criminal antecedents, the fact that the medical evidence does not prima facie corroborate the allegation regarding miscarriage, and further considering that the victim, who is the principal prosecution witness, has already been examined before the trial Court, thereby reducing the possibility of the applicant influencing the prosecution evidence, this Court is of the view that the applicant has made out a case for grant of bail. The trial is proceeding slowly and its conclusion is not likely in the near future. 2026:UHC:4389 6. 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. 7. Let the applicant-Dharamveer @ Bunty be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. (Alok Mahra, J.) 02.06.2026 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=eabb68a3895e41937c266c23964c0485365445e3a20 dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB 987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.06.02 16:05:41 +05'30' 2026:UHC:4389