Uttarakhand High Court
BA1/1828/2024 on 11 July, 2025
2025:UHC:6035
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
BAI No.1828 of 2024
Hon'ble Alok Mahra, J.
Mr. Rajat Mittal, learned counsel for
the applicant.
2. Mr. Akshay Latwal, learned AGA for
the State.
3. Applicant-Dhanveer, who is in
judicial custody in connection with Case
Crime/FIR No. 01 of 2024, under
Sections 376(3), 506 of IPC & Sections 5
(tha)/6 of POCSO Act, registered at
Police Station Revenue Area Bhandroli,
Chakrata, District Dehradun, has sought
his release on bail.
4. Heard learned counsel for the
parties and perused the material
available on record.
5. As per the FIR dated 13.05.2024,
lodged by the father of the victim with
the allegation that the accused has
committed rape on the victim on
10.05.2024, which was witnessed by the
complainant as well as her elder
daughter; that, said act of the applicant
was informed to his family members,
however, they threatened the
complainant to kill and also the applicant
had prepared an obscene video of the
victim.
6. Learned counsel for the applicant
would submit that the alleged incident
took place on 10.05.2024, while the FIR
was lodged on 13.05.2024 after three
days of the incident; that, the applicant
2025:UHC:6035
has been falsely implicated in the case;
that, the applicant is languishing in jail
since 15.05.2024; that, the father of the
victim as well as elder sister of the
victim, who were said to be the
witnesses of the incident, which
happened on 10.05.2025, have totally
denied the veracity of the incident; that,
as per the statement of the father of the
victim, he was not the eye-witness of the
incident and told about the incident to
him by his wife; that, as per statement
of WP-2 elder sister of the victim, in her
statement she deposed before the Court
that the accused never physically
assaulted the victim in front of her and
the victim told her about the said
incident.
7. Learned counsel for the applicant
would further submit that as per the
statement of the Doctor, she was not
able to give any definite opinion about
the physical assault of the applicant;
that, as per the medical report no
internal and external injuries were found
on the body of the victim; that, there is
no chance of absconding, therefore, the
applicant may be released on bail.
8. Learned State Counsel vehemently
opposed the bail application and would
submit that as per the statement of the
victim recorded under Sections 161 and
164 of Cr.P.C., has supported the
prosecution story; that, the victim was
about 14 years of age at the time of
incident.
9. In view of the above, but, without
expressing any opinion about merits of
the case before the Trial Court, this
2025:UHC:6035
Court is of the view that this is a fit case
for bail at this stage.
10. Let the applicant be released on
bail, on his executing a personal bond
and furnishing two reliable sureties, each
of the like amount, to the satisfaction of
the court concerned.
(Alok Mahra, J.)
11.07.2025
BS
BALWANT
Digitally signed by BALWANT SINGH
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH
COURT OF UTTARAKHAND,
2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2ea
cbf28cdf4ba7ce8640c5820, postalCode=263001,
SINGH
st=UTTARAKHAND,
serialNumber=04E141DF4614F9A4D5F48346EB553DE518
5F418755DC00A7A13C14A680C3FA90, cn=BALWANT
SINGH
Date: 2025.07.14 18:24:18 +05’30’
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