Mohit Kapri v. State of Uttarakhand

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

ABA/193/2026 Mohit Kapri --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Alok Mahra, J.

Mr. Navneet Kaushik, learned counsel holding brief of Mr. Abhimanshu Dhyani, learned counsel for the applicant.

Mr. Akshay Latwal, learned A.G.A. for the State of Uttarakhand.

¶2By means of the present application, the applicant seeks grant of anticipatory bail in connection with F.I.R. No. 0213 of 2026, registered at Police Station Patel Nagar, District Dehradun, for the offence punishable under Section of Bharatiya Nyaya Sanhita, 2023.

¶3It is alleged in the F.I.R. that the victim and the applicant had been in a relationship for more than seven years. It is further alleged that after the applicant was commissioned into the Indian Army, he refused to marry the victim despite his alleged promise of marriage. It is also alleged that applicant established physical relations with the victim on the false promise of marriage, including during period when he was undergoing training at the Indian Military Academy

(IMA).

¶4Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that a Coordinate Bench of this Court, vide order dated

03.06.2026, granted interim anticipatory bail to the applicant and, in compliance with the conditions stipulated therein, he has duly cooperated with the investigation

as and when required by the Investigating Officer. It is further submitted that the statements of the victim recorded under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, are contradictory. Learned counsel further submits that although the applicant and the victim were friends, the applicant neither promised to marry the victim nor established any physical relationship with her. It is also submitted that the victim refused to undergo medical examination.

¶5Learned State Counsel opposed the application and submitted that the victim, in her statements recorded under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has consistently supported the prosecution case.

¶6Having heard learned counsel for the parties, perused the material available on record, and considered rival submissions, this Court finds that the applicant is serving in the Indian Army and has remained protected by virtue of the interim order dated 03.06.2026. During the period of such protection, he has duly complied with the conditions incorporated therein and has extended full cooperation to the investigating agency. Having regard to the nature of the allegations, the stage of proceedings, conduct of applicant during the period of interim protection, and the facts and circumstances of the case, and without expressing any opinion on the merits of the prosecution case, this Court is of the considered opinion that the applicant has made out a fit case for confirmation of the interim anticipatory bail granted earlier.

¶7Consequently, the interim anticipatory bail granted to the applicant vide order dated 03.06.2026 is hereby confirmed and made absolute. The applicant shall remain on anticipatory bail on the same terms and conditions as contained in the aforesaid

order and shall continue to cooperate with the trial proceedings. It shall also be open to the learned trial Court to impose such further conditions, if considered necessary, in accordance with law.

¶8Accordingly, Anticipatory Bail Application stands allowed.

(Alok Mahra, J.) 27-07-2026

SB

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

2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5a a08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7F F0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2026.07.27 18:26:31 +05'30'