BA1/2309/2025
2026 Latest Caselaw 2146 UK

Uttarakhand High Court

BA1/2309/2025 on 19 March, 2026

                                                                  2026:UHC:1920
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions               COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               BA1 No.2309 of 2025
                               Hon'ble Alok Mahra, J.

Mr. Harshpal Sekhon, Advocate for the applicant.

Mr. Deepak Bisht, Deputy Advocate General for the State of Uttarakhand.

2. This first bail application has been moved by the applicant seeking regular bail in F.I.R./Case Crime No.63 of 2025, under Section 137(2), 64 & 87 of B.N.S., 2023 and Section 5/6 of POCSO, registered at Police Station Kichha, District Udham Singh Nagar.

3. The father of the victim filed an FIR alleging that the applicant sexually assaulted his daughter on February 19, 2025, when the house was empty. Following the investigation, a chargesheet was submitted against the applicant.

4. Learned counsel for the applicant argues that the applicant has been falsely implicated and has remained in judicial custody since March 4, 2025. He submits that in her statements under Sections 180 and 183, as well as her deposition as PW-1, the victim has completely denied the prosecution's version, asserting that she was in love with the applicant, a married man with two children and voluntarily entered into physical relations with him despite knowing his status. Learned counsel further notes that the victim was approximately 17 years and 7 months old on the date of the incident, and she refused to undergo a medical examination, as confirmed by the doctor's statement; this refusal, he contends, warrants a negative inference against the prosecution's case. To bolster this argument, reliance is placed on the Apex Court's judgment in State of 2026:UHC:1920 Himachal Pradesh v. Rajesh Kumar @ Mannu, reported as 2025 LiveLaw (SC) 297. The applicant undertakes not to misuse the liberty of bail if granted and is ready to furnish adequate sureties to the satisfaction of this Court.

5. Learned State Counsel has vehemently opposed the prayer for bail.

6. Having considered the rival submissions and perused the material on record, this Court finds that the victim, aged 17 years 7 months at the incident, has consistently denied assault in statements under Sections 180/183 and as PW-1, affirming consensual relations born of love with the married applicant. Her refusal of medical examination, per doctor's note, draws adverse inference against prosecution, as held in State of Himachal Pradesh v. Rajesh Kumar @ Mannu (Supra). In these circumstances, without expressing any opinion on the merits, the applicant is entitled to be released on bail at this stage.

7. The bail application is allowed.

8. Let the applicant, namely, Mohd. Faeem be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned.

(Alok Mahra, J.) 19.03.2026 Arpan

ARPAN

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH

2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20 dddb7393398f9fe45ba3e, postalCode=263001,

JAISWAL st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB 987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.03.19 15:00:44 +05'30'