Dharmendra Singh Trikoti vs Unknown
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Uttarakhand High Court

Dharmendra Singh Trikoti vs Unknown on 17 March, 2026

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                                                                                   2026:UHC:1826
                               BA 1st No.110 of 2026
                               Dharmendra Singh Trikoti Vs. State of Uttarakhand

                               Hon'ble Ashish Naithani, J.

Mr. Akhil Kumar Sah, learned counsel for the Applicant.

2. Mr. S.S. Chauhan, learned AGA with Mr. Vikash Uniyal, learned Brief Holder, for the State of Uttarakhand.

3. In the High Court of Uttarakhand, the present case arises from Bail Application filed under Section 480 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail for the Applicant - Dharmendra Singh Trikoti, who has been accused in FIR No.127 of 2025, under Sections 351 (3), 64(2) (f), 65 (1) of BNS, and under Section 5(n)/6 of the POCSO Act, at Police Station Mukhani, District Nainital.

4. In the present matter, the report had been lodged by the mother of the minor girl child victim against the father with the allegations that he had committed crime relating to the sexual offences against the victim girl child. At this juncture, learned counsel for the Applicant submits that the victim has denied the incident in her statement. Learned counsel for the Applicant further submits that the reporter/mother of the girl child victim has also not supported the prosecution story, and accordingly, it is prayed that since the victim herself is denying the incident and the mother of the victim/reporter does not support the case of the prosecution, the bail may be granted to the Applicant. The bail, however, is being opposed on behalf of the learned State Counsel firstly on the ground that though the girl child victim has turned hostile, and also the reporter/the mother, has also turned hostile, still the victim has supported the incident in her statement. The statement of the victim girl child has been given before the learned Special Judge POCSO/Additional Session Judge/FTC, Haldwani, District Nainital dated 08.07.2025. The victim has supported the incident, and it is also supported with the medical report whereby the hymen is shown to be torn.

5. To counter this, learned counsel for the Applicant states that tearing of the hymen may be due to several causes and it cannot be said that the hymen as shown to be torn in the medical report is the result of the sexual assault by the Applicant; whereas the victim has specifically denied in her statement

6. Considering the contentions so placed before this Court by the learned counsel for the Applicant and also the statement of the victim as well as the reporter/mother, at this juncture I find that it is a fit case for grant of bail.

7. Accordingly, bail application is allowed. It is directed that the Applicant - Dharmendra Singh Trikoti, who has been accused in FIR No.127 of 2025, under Sections 351 (3), 64(2)

(f), 65 (1) of BNS, and under Section 5(n)/6 of the POCSO Act, at Police Station Mukhani, District Nainital, be released on bail on furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the concerned court. The Applicant shall cooperate with the trial proceedings and shall not misuse the liberty granted to him.

(Ashish Naithani, J.) 17.03.2026 Nitesh/