High Court · 2025

Mr. Aj ay Joshi, Advocat e t he applicant . Mr. B.N. Molak hi, Deput y Advocat e General for t he St at e of Ut t arahand. This first bail applicat ion has been 2. m oved by t he applicant seeking regular bail in Case Crim e/ F.I .R. No.29 of 2024, under Sect ions 376 I .P.C. and Sect ion 5( j ) ( ii) read wit h Sect ion 6 of POCSO Act , regist ered at Police St at ion Lam gara, Dist rict Alm ora. fat her of

3. On 19.06.2024, t he infor m ant , being t he lodged a First t he vict im , I nform at ion Report st at ing t hat when he t ook his daught er t o t he hospit al due t o her ill healt h, t he at t ending doct or disclosed t hat she was sev en m ont hs pr egnant . Upon inquiry by her fat her, t he vict im revealed t hat t he applicant had allegedly ent iced her and, by use of force, est ablished physical relat ions against her will. t he First lodging of Lear ned counsel

4. t he applicant subm it s t hat t he applicant has been falsely im plicat ed in t he present case and bear s no crim inal ant ecedent s. I t is furt her cont ended t hat t he applicant has been languishing in j udicial cust ody since 16.07.2024. On t he dat e of I nform at ion Report , t he vict im was st at ed t o be seven m ont hs pr egnant . I t is subm it t ed t hat t he in a applicant and consensual rom ant ic relat ionship. At t he t im e of t he alleged incident , t he applicant was aged about 23 years; w her eas, t he vict im was approxim at ely 16 years and 7 m ont hs old. Subsequent ly, t he vict im gave birt h t o a child, w ho is present ly under t he care and prot ect ion of Shishu Sadan, t he vict im were Alm ora. t he t hat ex ercised j udicial process

5. I t is a w ell set t led proposit ion of law t hat t he fundam ent al obj ect of grant ing bail is t o secur e t he cont inued pr esence of t he accused during t he cour se of t rial and t o ensur e is not im peded. The discret ion t o grant bail is t o est ablished legal param et er s. I n t he present case, no m at erial has been placed on recor d by t he lear ned St at e Counsel indicat ive of any appr ehension t hat t he applicant is likely t o abscond, t am per wit h evidence, influence wit nesses, r epeat a sim ilar offence, or ot herwise obst ruct t he fair adm inist r at ion of j ust ice. j udiciously, guided

6. Considering t he subm ission of lear ned counsel t he part ies and wit hout expr essing any opinion as t o t he final m erit s of t he case, t his Court is of t he view t hat applicant deserves bail at t his st age.

7. The bail applicat ion is allowed. t o like am ount , Let t he applicant , nam ely, Manoj Singh 8. Negi be released on bail, on execut ing per sonal bond and fur nishing t wo reliable t he sur et ies, each of sat isfact ion of Court concerned, subj ect t o t he following condit ions: ( i) The applicant shall not , in any m anner , t am per wit h or at t em pt t o t am per wit h t he evidence during t he course of t rial. ( ii) The applicant shall not , eit her dir ect ly or indirect ly, t hreat en, coer ce, or int im idat e any prosecut ion wit ness, nor shall he at t em pt t o influence t hem in any m anner. ( iii) The applicant shall appear before t he t rial Court on each and every dat e fixed, unless his personal appearance is form ally exem pt ed by t he Court . ( iv) The applicant shall abst ain com m it t ing any offence which is of sim ilar t he subj ect nat ur e m at t er of t he pr esent case. ( v) The applicant shall not , direct ly or t hat which form s t o indirect ly, m ake any inducem ent , t hreat , or prom ise t o any person acquaint ed wit h t he fact s of t he case, so as t o dissuade such per son t he Court or t o any Police Officer , or ot her wise int erfere wit h t he due course of j ust ice. from disclosing any fact s t o ( A l o k M a h r a , J.)

17.10.2025 Arpan ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485 365445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D 454C5109CB987446351E4DF04AADAA2C2CEA6 6, cn=ARPAN JAISWAL