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2026 DAILYLAW 6962 (UTT)

AMAN v. STATE OF UTTARAKHAND

BA1/400/2026 · 2026-06-12

Rakesh Thapliyal

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:4745 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. 400 of 2026 Hon’ble Rakesh Thapliyal, J. 1. Mrs. Reema Rana, learned counsel holding the brief of Mr. Shivam Gulati, learned counsel for the applicant. 2. Mr. Pradeep Lohani, learned A.G.A. for the State. 3. The present applicant ‘Aman’ S/o Shri Satpal Singh is praying for bail in reference to First Information Report dated 16.08.2025 bearing FIR No. 0423 of 2025 P.S. Kotwali Jwalapur, District Haridwar, which was lodged against unknown person for the offence punishable under section 137(2) of BNS, 2023. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated. She submits that FIR is based upon the missing report and infact the victim herself left the house on 15.08.2025 at about 3:00 PM and met the applicant and thereafter both visited different places to Roorkee then went to Delhi from where both of them went to Surat. She submits that as per the prosecution the applicant made physical relations with the victim in the bus, which is highly improbable. She further submits that both the applicants and the victim are of tender age and though the victim is minor but the applicant is also of a tender age of 18 years and there is a material contradiction in the statement of the victim recorded under sections 180 and 183 of BNSS, 2023 and even at the time of arrest no ground of arrest was provided to the applicant. 5. She further submits that the victim in her statement have not supported the case of the prosecution and she admits that she left the house since her family members always pressurize her to focus on studies. She further submits that the victim in her statement also admits that she has visited different places with the applicant and, in between, six to seven vehicles they have changed. 6. Apart from this, learned counsel for the 2026:UHC:4745 applicant submits that the applicant have no criminal antecedents and is languishing in jail since 23.08.2025 and now the charge-sheet has already been filed on 14.10.2025 and the trial has already been commenced and PW1 was also examined on 27.01.2026 as well as on 10.02.2026; PW2 is also examined on 10.02.2026 and PW3 is examined on 23.03.2026 and PW4 also examined on 20.04.2026; however, the trial has yet not been concluded and there is no possibility that trial would be expedited soon, therefore, taking into consideration that the applicant is only 18 years old and is languishing in jail since last more than nine months, the applicant be enlarged on bail. 7. Per contra, learned A.G.A. have not disputed that the charge-sheet has already been filed and the trial has already been commenced and as many as four witnesses have been examined and the present applicant is languishing in jail since 23.08.2025 and have no criminal antecedents. 8. After hearing the arguments of learned counsel for the parties and taking into consideration that the charge-sheet has already been filed and trial has also been commenced and the applicant is only 18 years old and is languishing in jail since 23.08.2025 and at the time of the alleged incident the victim was though minor but only three years younger than the applicant, this court is of the view that the applicant deserves for bail. 9. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 10. Let the applicant ‘Aman’ be released on bail on furnishing his personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned. 11. It is made clear that after being released on bail the applicant shall join the trial court proceeding on each and every date without seeking any unnecessary adjournment. (Rakesh Thapliyal, J.) 12.06.2026 PR 2026:UHC:4745