Uttarakhand High Court
BA1/1449/2025 on 13 August, 2025
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
2025:UHC:7164
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
BA1 No.1449 of 2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. Sandeep Tiwari, learned counsel
for the applicant.
2. Ms. Pushpa Bhatt, learned AAG for the
State.
3. Present applicant- Nitin S/o Narayan
Singh is seeking regular bail in relation to
first information report dated 16.04.2025
bearing FIR No. 0083 of 2025, Police Station
I.T.I, District Udham Singh Nagar, which
was lodged against unknown person for the
offence punishable under Sections 5/6 of
POCSO Act 2012 and Section 64(1) & 87 of
B.N.S, 2023.
4. Learned counsel for the applicant
submits that the present applicant is
innocent and has been falsely implicated
and in fact the applicant was in love with
the victim and they known to each other
since 5 to 6 years and ultimately they
married on 14.04.2025 in Hanuman Temple
at Moradabad.
5. Learned counsel for the applicant also
submits that the victim, in her statement,
recorded under Section 183 admits about
the marriage of the applicant with the
victim on 14.04.2025 and not only this,
learned counsel for the applicant submits
that out of this wedlock, the victim also got
pregnant and gave birth to a baby boy on
18.07.2025.
6. He further submits that the present
applicant is languishing in jail since
20.04.2025 and on 18.07.2025, a baby boy
was born and in such an eventuality, if the
applicant remains in jail, then the worst
2025:UHC:7164
sufferer will be the victim herself,
particularly, when in her statement
recorded under Section 183 of BNSS, 2023,
she has not support the case of
prosecution. In a reference to this, a recent
judgment of the Hon'ble Apex Court in the
case of Suo Motu Writ Petition (C) No.3 of
2023 i.e. Criminal Appeal No.1451 of
2024 decided on 23.05.2025 has been
relied upon by the learned counsel for the
applicant particularly by placing reliance to
Para Nos.23, 24 and 25 of the judgment.
7. He further submits that the applicant
wants to settle his married life with the
victim with the newborn baby boy and
therefore there is no any purpose to detain
the applicant in judicial custody
particularly when now the charge-sheet has
been filed.
8. On the other side, Ms. Pushpa Bhatt,
learned AAG have not disputed this fact
that the victim in her statement recorded
under Section 183 BNSS, 2023 has not
supported the case of the prosecution and
have also not disputed that the charge-
sheet has already been filed.
9. After hearing the arguments as
advanced by learned counsel for the parties
and further taking into consideration that
the charge-sheet has already been filed and
the present applicant is languishing in jail
since 20.04.2025, and, furthermore, the
victim in her statement recorded under
Section 183 has not supported the case of
the prosecution rather she clearly stated
that she married with the applicant, this
Court is of the view that the applicant
deserves for bail.
10. Accordingly, without expressing any
opinion on the merit of the case, the
instant bail application is allowed.
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11. Let the applicant, namely, Nitin, be
released on bail, on his executing a
personal bond and furnishing two reliable
sureties, each in the like amount, to the
satisfaction of the court concerned.
(Rakesh Thapliyal, J.)
13.08.2025
R.Bisht
