[Cites 5, Cited by 0]
Uttarakhand High Court
BA1/1284/2025 on 16 April, 2026
Office Notes,
reports, orders or
SL. proceedings or
No.
Date
directions and COURT'S OR JUDGE'S ORDERS
Registrar's order
with Signatures
BA1 No.1284 of 2025
Hon'ble Alok Mahra, J.
Mr. Alok Kumar, learned counsel
for the applicant.
2. Mr. Prabhat Kandpal, learned
A.G.A. for the State.
3. Applicant-Vikas, who is in judicial
custody in connection with F.I.R. No.
168 of 2025, registered under Sections
64(2)(m), 65(1), 351(3) of the B.N.S.
and Sections 3(a)/4(2), 5(1)/6 of the
Protection of Children from Sexual
Offences Act, 2012, at Police Station
SIDCUL, District Haridwar, has sought
his release on bail.
4. Heard learned counsel for the
parties and perused the material
available on record.
5. Learned counsel for the applicant
submits that, as per the prosecution
version, the F.I.R. has been lodged by
the complainant alleging that she has
two daughters and is employed in
SIDCUL, and that the applicant, who
resides on the third floor of the same
rented premises, is alleged to have
established physical relations with the
elder minor daughter of the
complainant. It is submitted that upon
completion of investigation, the
Investigating Officer has submitted the
charge-sheet.
6. It is further submitted that the
applicant is innocent and has been
falsely implicated in the present case;
that, the charge-sheet has been
submitted without awaiting the F.S.L.
report, which creates doubt on the
fairness and completeness of the
investigation; that, the F.I.R. has been
lodged with inordinate and
unexplained delay and does not
disclose specific date, time or
particulars of the alleged incident.
7. Learned counsel for the applicant
would further submit that as per the
supplementary medical report of the
victim, no spermatozoa, either alive or
dead, has been detected. It is also
pointed out that the medical report
indicates that the hymen is intact,
which, according to the defence, does
not support the prosecution case of
sexual assault. It is further submitted
that the applicant is in judicial custody
since 05.04.2025; he has no criminal
antecedents.
8. He would further submit that the
statements of the victim and the
complainant have already been
recorded and the applicant is a
permanent resident of District
Haridwar, therefore, there is no
likelihood of tampering with evidence
or influencing witnesses or
absconding. It is also submitted that
the bail application of the applicant
has been rejected by the court below
vide order dated 24.06.2025, and the
trial is likely to take considerable time
to conclude.
9. Per contra, learned State counsel
has opposed the bail application on the
ground that the allegations are serious
in nature, involving a minor victim,
and attract stringent provisions of the
Protection of Children from Sexual
Offences Act, 2012. However, he does
not dispute that the applicant has
remained in custody since 05.04.2025
and that the bail application was
rejected on 24.06.2025 by the court
below.
10. Having heard learned counsel for
the parties and upon perusal of the
material available on record, and
considering that the applicant has
remained in judicial custody since
05.04.2025, the charge-sheet has
already been filed, and the statements
of the material witnesses, including the
victim, stand recorded, this Court finds
no material to indicate that the
applicant, if enlarged on bail, would
tamper with the evidence or influence
witnesses.
11. Accordingly, without expressing
any opinion on the merits of the case,
and having regard to the settled
principles governing grant of bail,
particularly the period of incarceration
and the likelihood of delay in
conclusion of the trial, this Court is
satisfied that the applicant has made
out a fit case for grant of bail.
12. Accordingly, the 1st bail
application is allowed.
13. Let the applicant be released on
bail in the aforesaid case crime, on his
furnishing a personal bond and two
reliable sureties, each in the like
amount, to the satisfaction of the court
concerned.
(Alok Mahra, J.)
MAMT
DN: c=IN, o=HIGH COURT OF
UTTARAKHAND, ou=HIGH COURT OF
16.04.2026
UTTARAKHAND,
2.5.4.20=6a812005bebfcf46f244f3e584
af1449e430ef900bf09a6d67ebbd6426
A RANI
71329b, postalCode=263001,
Mamta
st=Uttarakhand,
serialNumber=5de1751a4f1d9cabfd54
852c9e68911ca8b66dd26690a191648a
b5d8dd004ef0, cn=MAMTA RANI
Date: 2026.04.16 19:32:44 +05'30'
