BA1/1832/2025
2026 Latest Caselaw 1596 UK

Uttarakhand High Court

BA1/1832/2025 on 27 February, 2026

               Office Notes,
            reports, orders or
             proceedings or
No   Date                                    COURT'S OR JUDGES'S ORDERS
              directions and
            Registrar's order
             with Signatures

                                 BA1 No. 2454 of 2025
                                 With
                                 BA1 No. 1832 of 2025
                                 BA1 No. 2292 of 2025
                                 BA1 No. 2530 of 2025
                                 Hon'ble Alok Mahra, J.

Mr. Parikshit Saini, learned counsel for the applicant in BA1 No. 2454 of 2025, Mr. Gaurav Singh, learned counsel for the applicant in BA1 No. 1832 of 2025, Ms. Pushpa Bhatt, learned Senior Counsel, assisted by Ms. Nipush Mola Joshi, learned counsel for the applicant in BA1 No. 2292 of 2025 and Mr. Bharat Singh, learned counsel for the applicant in BA1 No. 2530 of 2025.

2. Mr. Prabhat Kandpal, learned Brief Holder for the State.

3. The applicants - Neeraj, Anees Ahmad, Deepak Kumar and Rajat, who is in judicial custody in connection with FIR/Case Crime No. 236 of 2025, under Section 70(1) of BNS, registered at P.S.- Piran Kaliyar Sharif, District Haridwar, has sought his release on bail.

4. Heard learned counsel for the parties and perused the records.

5. In the present case, complainant lodged an FIR dated 24.08.2025, wherein she has alleged that in the night of 23.08.2025 at about 11:00 P.M., she went with Anees Ahmad in a liquor vend at Sohalpur, where they bought liquor and thereafter they met one Himanshu Saini. They took her to nearby school, where two persons also came and all of them raped her one by one and thereafter all the persons left. On the next day, the victim lodged an FIR.

6. Learned counsels for the applicants have further drawn the attention of this Court to the statement of the victim dated 18.02.2026 before the ADJ Court, Roorkee, wherein, in her statement, she has developed a totally new story and has stated that a month before when she came to her maternal home and went to the market to buy medicines, a while-coloured car driven suddenly stopped near to her, due to which, mud splashed all over her clothes. When she protested for it, the people sitting in the car started abusing her. Thereafter, she went to the Police Station, where, she was made to sign in some blank papers. She further stated that she does not know any person named Anees and she has denied the entire incident.

7. Learned State Counsel, on the other hand, has vehemently opposed the bail application.

8. Having considered the submissions, under the facts and circumstances of the case and also considering the fact that there are contradictions in the contents of the FIR and the statements of the victim recorded in her examination-in-chief, this Court is of the view that it is a case fit for bail and the applicants deserve to be enlarged on bail.

9. The bail application is allowed.

10. Let the applicants be released on bail, on their executing a personal bond and furnishing two reliable sureties, each of like amount, by each one of them, to the satisfaction of Court concerned.

(Alok Mahra J.) 27.02.2026 Ujjwal