High Court · 2025

Mr. Gaurav Singh, learned counsel for t he applicant .

2. Mr. Deepak Bisht , learned D.A.G. for t he St at e.

3. The applicant – Manish, who is in j udicial cust ody in connect ion wit h Case Crim e/ FI R No. 452 of 2024, under Sect ions 323, 376( 2) ( n) , 376( d) , 384 and 506 of I PC and Sect ion 67 of I .T. Act , regist ered at P.S.- Kot wali Nagar, Dist rict Haridwar, has sought his release on bail.

4. Heard learned counsel for t he part ies and perused t he records. t he t hat vict im I n t his case, FI R was lodged by t he 5. vict im before Police St at ion – Kot wali Haridwar on 30.05.2024, wherein, she has alleged developed friendship wit h Manish ( applicant herein) t hrough social m edia plat form . Thereaft er, when she cam e t o visit her aunt at Dehradun, Manish called her and she went t o t he house of Manish. They went t o a guest house, where, Manish com m it t ed rape upon her and also videographed t he sam e. Aft er doing t his act , Manish t hreat ened her t hat if she discloses t his incident t o ot hers, t hen he would m ake t his video viral. Thereaft er also, t hey were in const ant t ouch wit h each ot her and Manish asked her t o com e t o Dehradun and t hreat ened her t hat if she refuses t o com e t o Dehradun, t hen, he will m ake her t o video viral. Then, she again cam e Dehradun on 24.05.2024 where Manish and Deepak were wait ing out side t he Railway St at ion and t hey t ook her t hrough t o Modi Bhawan near Railway a bus St at ion, Haridwar and aft er reaching t here, bot h of t hem repeat edly raped her and m ade videography of her, t he whole night . Thereaft er, t hey left her out side t he hot el in t he m orning. Subsequent ly, she lodged t his FI R on 30.05.2024. I n ( Jij a) . brot her- in- law

6. Learned counsel t he applicant would subm it t hat t he applicant has been falsely im plicat ed in t his case as t his is a case of consensual relat ionship and t he applicant as well as t he vict im , bot h are m aj or; t hat in t he m edical exam inat ion of t he vict im , no sign of any ext ernal or int ernal inj ury was found, which shows t hat t here was no rape com m it t ed on t he vict im . Learned counsel for t he applicant has drawn t he at t ent ion of t his Court t o t he st at em ent of PW- 1, vict im and t hat of PW- 2, st at em ent , t he vict im has reit erat ed t he st at em ent which she has narrat ed in t he com plaint while t he st at em ent of PW- 2 would reveal t hat he received t he obscene in her m obile on video of 07.04.2024, whereas, t he com plaint , t he first incident of t he rape was com m it t ed on 24.04.2024. Thus, t he st at em ent s of PW- 2 are suspicious. Learned counsel for t he applicant furt her subm it s t hat even bare perusal of t he FI R would reveal t hat t he first incident of rape, 24.04.2024, but , no com plaint or FI R was lodged aft er t hat incident . I t goes t o prove rape, but a t hat consensual act , and, t he com plaint was lodged only on 30.05.2024 i.e. aft er five t he act was not a vict im m ent ioned t he vict im t he days of t he alleged second incident .

7. Per cont ra, learned St at e Counsel vehem ent ly opposed t he bail applicat ion and would subm it t hat t he m obile phone, which was recovered from t he applicant s, cont ained obscene videos of t he vict im and t he accused. alleged i.e. aft er happened five days of

8. Aft er going t hrough t he com plaint , st at em ent of t he vict im recorded as PW- 1 and also aft er perusing t he m edical report , it appears t hat t here is a doubt , whet her t he sexual act was consensual or it was an act of rape. Furt herm ore, t he first incident of rape, which t he vict im m ent ioned, is of t he co- accused Manish, 24.04.2024 by but , no com plaint or FI R was lodged aft er t hat incident and t he sam e was lodged on t he 30.05.2025 alleged second incident . Presum ing t hat t he incident 24.04.2024, t hen, why t he vict im again t o Dehradun on her own and cam e t hereaft er went wit h t o Haridwar on 24.05.2024 i.e. aft er a m ont h, is a quest ion, which raises a doubt about t he whole prosecut ion st ory. Furt her, as t he accused have left t he vict im in front of t he hot el in 25.05.2024. What t he m orning prevent ed lodging her com plaint on t he sam e day, as t he FI R was lodged aft er a delay of five days i.e. on 30.05.2024. These and m any m ore quest ions would require deliberat ion and t he sam e would ult im at ely be decided during t rial. t he prosecut ion st ory, t he accused t he vict im

9. Having considered t he subm issions of learned counsel for t he part ies and aft er going t hrough t he com plaint , st at em ent of t he vict im recorded as PW- 1 and also t he m edical report , and, also considering t he fact t hat t he applicant is languishing in j ail since 01.06.2024, t his Court is of t he view t he t hat applicant deserves t o be enlarged on bail. for bail and is a case

10. Accordingly, applicat ion is allowed. t he present

11. Let t he applicant be released on bail on his execut ing a personal bond and furnishing t wo reliable suret ies each of t he like am ount , t he t o court concerned. t he sat isfact ion of Uj j wal ( A l o k M a h r a J.) 22.08.2025