Vikas v. State of Uttarakhand

UKHC010072462026

2026:UHC:5411 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS

BA1/726/2026

Vikas --Applicant Versus State Of Uttarakhand --Respondent

Hon'ble Rakesh Thapliyal, J.

¶1Ms. Monika Pant, learned counsel for the applicant.

¶2Ms. Rangoli Purohit, learned AGA for the State.

¶3Present applicant "Vikas, son of Sulendra", is praying for regular bail in reference to FIR dated

16.08.2025 bearing FIR No. 0563 of 2025 registered at Police Station – Kotwali Haridwar, District – Haridwar wherein the present applicant has been implicated for the offence punishable under Section 137(2) of BNS, 2023.

¶4Learned counsel for the applicant submits that on completion of the investigation, charge sheet has been filed and trial has been commenced in SST No. 32 of 2026 wherein the applicant is facing trial for the offences punishable under Section 137 (2), 64 (2) (m) BNS and under Section 5

(l) / 6 of the POCSO Act.

¶5She further submits that the applicant is innocent and has been falsely implicated and in fact, the applicant is love with the victim, which is evident from the statement of the victim herself, who was examined as PW2, in Special Sessions Trial No. 32 of 2026 on 08.04.2026. She further submits that mother of the victim – complainant has also been declared hostile on 08.04.2026 and the relation in between the applicant and victim was consensual, though at the time of incident, victim was more than 17 years but less than 18 years of age and now, mother of the victim has filed an affidavit on 28.05.2026 wherein in UKHC010072462026

2026:UHC:5411 paragraph 22, she stated that she does not want to pursue the proceeding as their family member has come up with the settlement with applicant's family that applicant and victim will marry with each other, since both of them were in love with each other and now, the victim attained the age of majority. She further submits that as per the settlement, if the applicant is enlarged on bail, he will marry with the victim.

¶6On the other side, learned State Counsel have not disputed that mother of the victim has been declared hostile and both applicant and victim were in love with each other, which is admitted by the victim in her statement.

¶7After hearing the rival submissions, as advanced by the learned counsel for the parties and taking into consideration that since informant / mother of the victim is declared hostile and victim herself admitted about her love affair with the applicant in her statement during examination in chief and now, mother of the victim has filed an affidavit that both applicant and victim will marry with each other, after the applicant being released from jail, this Court is of the view that applicant deserves for bail.

¶8Accordingly, without expressing any opinion on the merit of the case the bail application is allowed.

¶9Let the applicant "Vikas, son of Sulendra", be released on bail on furnishing his personal bond and two sureties, each of the like amount to the satisfaction of the court concerned.

(Rakesh Thapliyal, J.)

06.07.2026 SKS