Uttarakhand High Court
BA1/2155/2025 on 24 February, 2026
2026:UHC:1246
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Signatures
BA1 No.2155 of 2025
Hon'ble Alok Mahra, J.
Mr. Prateek Tripathi, Advocate for the applicant.
Mr. Pradeep Lohani and Mr. Prabhat Kandpal, 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.319 of 2024, under Section 5m, 6 of POCSO Act and Section 351(2) and 65(2) of B.N.S., 2023, registered at P.S. Raipur, District Dehradun.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case; that he has no criminal antecedents and has been in judicial custody since 30.08.2024. It is further contended that P.W.1, in her examination-in-chief, has deposed that her statement recorded before the Magistrate was made under pressure from the neighbours. It is also argued that P.W.3, in his examination-in- chief, has stated that no semen was detected in the vaginal smear of the victim. On the strength of the aforesaid depositions, it is argued that material contradictions exist in the prosecution evidence, creating a serious doubt over the prosecution story. Learned counsel further submits that the applicant is 23 years of age and prolonged incarceration would irreparably prejudice his future prospects. It is lastly submitted that, in the event of release on bail, the 2026:UHC:1246 applicant undertakes not to misuse the liberty and shall furnish adequate sureties to the satisfaction of the Court.
4. I have considered the submissions advanced by learned counsel for the parties and perused the record, including the F.I.R. The victim was admittedly about 3 years of age at the time of the alleged incident. The allegations levelled against the applicant are grave and pertain to an offence of a heinous nature involving a minor child of tender age. At this stage, the Court is not required to meticulously examine the evidence or adjudicate upon the veracity of the statements recorded during trial. The issues regarding alleged contradictions and the evidentiary value of the medical report are matters to be considered at the appropriate stage of trial.
5. Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the applicant at this stage.
6. Consequently, the bail application is rejected.
(Alok Mahra, J.) 24.02.2026 Arpan ARPAN Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c04853654 45e3a20dddb7393398f9fe45ba3e, JAISWAL postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C 5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.02.24 17:54:17 +05'30' 2026:UHC:1246