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Uttarakhand High Court
Amjad vs State Of Uttarakhand on 8 April, 2026
COURT'S OR JUDGES'S
Office Notes,
reports, orders
or proceedings
SL.
Date or directions
No
and Registrar's
order with
Signatures
2026:UHC:2543
BA1 No. 243 of 2026
Amjad ....Applicant
Vs.
State of Uttarakhand ......Respondent
Hon'ble Ashish Naithani, J.
Mr. Pranav Singh, learned counsels for the Applicant.
2. Mr. Vipul Painuly, learned A.G.A. for the State of
Uttarakhand.
3. The present Bail Application has been moved by the
Applicant--Amjad, aged about 22 years, S/o Ibrar alias Abrar, R/o
Village Khajoori, P.S. Jabhreda, District Haridwar. The Applicant is
in judicial custody in connection with FIR/Case Crime No. 251 of
2025, registered at Police Station Jabhreda, District Haridwar, for
the offences punishable under Sections 115(2), 127(2), 137(2), 352
and 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 and Section
5(1)/6 of the POCSO Act.
4. Heard Mr. Pranav Singh, learned counsel for the Applicant,
and Mr. Vipul Painuly, learned A.G.A. for the State. The record has
been perused.
5. Learned counsel for the Applicant submits, for consideration
of bail, that the Applicant has been falsely implicated in the present
matter; that after a proper investigation, the Investigating Officer
has submitted the charge-sheet against the Applicant in a very
routine and cursory manner, though the victim has stated in her
statement that she herself accompanied the Applicant; and as per the
medical report, there are no injuries on the body that could associate
the Applicant with committing any crime against her, as alleged of
sexual assault/penetrative sexual assault. Further, it is stated that the
statement of the victim recorded under Section 180 of the B.N.S.S.,
2023 has various contradictions, and from the statement of the
victim recorded under Section 183 of the B.N.S.S., 2023, it is
evident that the victim does not support the prosecution case and has
clearly stated that she is in love with the Applicant, which resulted
in their physical relationship. It is further submitted that the co-
accused has already been enlarged on bail and, considering parity,
the Applicant deserves to be enlarged on bail.
6. As per the prosecution case, there are allegations that the
Applicant lured the victim by providing a mobile phone and SIM. It
is evident that the victim, of her own consent, took the said mobile
phone from the Applicant.
7. Learned counsel for the Applicant further submits that at
present, the victim has started blackmailing and threatening the
Applicant and his family members, which is part of the General
Diary entries. It is clearly stated in GD No. 044 dated 26.12.2025
that one Kalar Ibrar Tyagi, resident of Khajoori, informed the police
via mobile phone no. 7417436901 regarding Case Crime No.
251/2025 under Sections 115(2), 127(2), 137(2), 352 and 64(2)(m)
of the Bharatiya Nyaya Sanhita, 2023 and Section 5(1)/6 of the
POCSO Act.
8. In this case, the concerned victim, aged about 18 years,
visited their residence and entered a room and locked the door from
inside. The police thereafter went to the said premises and called the
brother of the victim and got her out of the room. Upon being asked
why she did such a thing, she replied that she wished to stay with
Amjad and did not wish to return to her parents' house. It is further
reported that the victim was handed over to her brother and they
were escorted back home.
9. Pointing out the entry of the GD, whereby it is shown that the
victim barged into the house of the Applicant and wished to live
there, makes it clear that the relationship between the Applicant and
the victim was consensual and that he has been falsely implicated in
the present matter. It is further stated that the victim now poses a
threat as per the above GD entry. Further, for consideration of bail,
it is pointed out that there are contradictions regarding the place of
incident, date of incident, and discrepancies in the statements of the
victim. The concerned SIM and mobile phone alleged to have been
provided to the victim by the Applicant were clearly given at the
request of the victim herself, which she accepted willingly.
10. Learned State Counsel, however, refutes the entire contention
advanced by learned counsel for the Applicant, stating that the
present matter relates to sexual assault, amounting to forceful
aggravated penetrative sexual assault, and that the victim herself has
submitted that there was a physical relationship between the
Applicant and the victim, and the consent of a minor, in the eyes of
law, is no consent. The statement given by the victim clearly
indicates that the Applicant-Amjad forcefully covered her mouth,
took her inside a room in the house where no one was present, and
forcefully established a physical relationship with her; and when she
tried to escape, he slapped her on the cheek, resulting in injuries to
her cheek and eye. She somehow escaped and reached home, where
she was looked after. It is further submitted that the co-accused who
has been enlarged on bail had a different role, whereas the main
accused is the present Applicant, who sexually exploited the victim
by forcefully committing aggravated penetrative sexual assault on
her, also confining her in the premises of his house and
manhandling her by hitting her on the face.
11. After hearing the rival submissions advanced by learned
counsel for the parties and upon perusal of the record, this Court is
of the opinion that, at this stage, the contradictions in the statements
of the victim recorded under Section 183 of the B.N.S.S., 2023,
along with the General Diary entry reflecting the conduct of the
victim, are matters which require deeper scrutiny during trial.
Without expressing any opinion on the merits of the case, this Court
is of the view that the Applicant has made out a case for grant of
bail.
12. Accordingly, the Bail Application is allowed.
13. Let the Applicant be released on bail upon executing a
personal bond and furnishing two reliable sureties, each in the like
amount, to the satisfaction of the Court concerned.
14. All pending applications, if any, stand disposed of.
(Ashish Naithani, J.)
08.04.2026
Shiksha
