Shadab vs State Of Uttarakhand
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Uttarakhand High Court

Shadab vs State Of Uttarakhand on 10 March, 2026

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                                                                                      2026:UHC:1514

                               BA1 No. 335 of 2026

                               Shadab                            --Applicant

                                               Versus

                               State of Uttarakhand          --Respondent

                               Hon'ble Ashish Naithani, J.

Mr. Vikas Kumar Guglani and Mr. Rishabh Pant, learned counsels for the Applicant.

2. Mr. Vikash Uniyal, learned Brief Holder for the State of Uttarakhand.

3. The present Bail Application has been moved by the Applicant - Shadab, aged about 28 years, S/o Babu Khan, R/o Ward No. 18, Khera, Madarase Vali Gali, Rudrapur, Police Station Rudrapur, District Udham Singh Nagar.The Applicant is in judicial custody in connection with FIR No. 18 of 2026, registered at Police Station Rudrapur, District Udham Singh Nagar, under Sections 69 and 351(2) of the B.N.S., 2023.

4. Heard Mr. Vikas Kumar Guglani, learned counsel for the Applicant, and Mr. Vikash Uniyal, learned Brief Holder for the State. Perused the record.

5. Learned counsel for the Applicant submits that the Applicant is an innocent person and has been falsely implicated in the instant case. It is further submitted that the relationship between the Applicant and the Complainant was entirely consensual, spanning several years since 2021. It is also submitted that there is an inordinate delay in lodging the FIR, and such significant delay, without any plausible explanation, casts serious doubts on the veracity and spontaneity of the allegations and suggests that the complaint is an afterthought or a motivated complaint. It is further submitted that the allegations of threatening to kill the complainant or to circulate her recordings and photographs on social media are vehemently denied by the Applicant. The Applicant has been in judicial custody since 16.01.2026, has no criminal antecedents, and is a law-abiding citizen.

6. Learned State Counsel opposed the Bail Application.

7. Considering the facts and circumstances of the case, and without expressing any opinion on the merits of the matter, this Court is of the view that the Applicant is entitled to be released on bail at this stage.

8. Accordingly, the Bail Application is allowed.

9. Let the Applicant be released on bail upon his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the Court concerned.

10. All pending applications, if any, stand disposed of.

(Ashish Naithani, J.) 10.03.2026 Shiksha