Uttarakhand High Court
BA1/1602/2025 on 27 February, 2026
2026:UHC:1411
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
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Signatures
BA1 No.1602 of 2025
Hon'ble Alok Mahra, J.
Mr. Harshpal Sekhon, Advocate for the applicant.
Mr. Deepak Bisht, Deputy Advocate General for the State of Uttarakhand.
Mr. Gaurav Singh, Advocate for the complainant.
2. This first bail application has been moved by the applicant seeking regular bail in F.I.R. No.106 of 2025, under Section 64(2)(m), 351(3) of B.N.S. and Section 5(j)(ii), 5(l)/6 of POCSO Act and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes Act, 1989, registered at Police Station Kankhal, District Haridwar.
3. The First Information Report was lodged by the father of the victim, alleging that the applicant, being their neighbour, had sexually abused the victim, resulting in her pregnancy.
4. Learned counsel for the applicant submits that at the time of the alleged incident, the victim was aged 17 years, resulting in her being found five months pregnant. She was found five months pregnant. Pursuant to a court order, the pregnancy was medically terminated under the Medical Termination of Pregnancy Act, 1971, and D.N.A. samples from the foetus, the applicant, and the victim were preserved and subjected to forensic analysis. The Forensic Science Laboratory (FSL) report dated 06.08.2025 conclusively establishes that the applicant is not the 2026:UHC:1411 biological father of the foetus, whereas the victim is confirmed as the biological mother thereof. It is thus contended that the applicant has been falsely implicated in the present case, has no criminal antecedents, and has been languishing in judicial custody since 28.04.2025. Learned counsel assures this Court that, in the event of bail being granted, the applicant shall not misuse the liberty so granted, will cooperate with the investigation, and shall furnish bail bonds and sureties to the satisfaction of this Court.
5. Learned counsel for the State has vehemently opposed the prayer for bail.
6. Having regard to the aforesaid facts, including that the F.S.L. report does not support the prosecution case that the act of the applicant resulted in the victim's pregnancy, coupled with the circumstance that the applicant has remained in custody since 28.04.2025, this Court, without expressing any opinion on the merits of the case, is of the considered view that the applicant deserves to be enlarged on bail at this stage.
7. The bail application is allowed.
8. Let the applicant, namely, Shubham 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.) 27.02.2026 Arpan Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT ARPAN JAISWAL OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dd db7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB98 7446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.02.27 19:17:13 +05'30'