Rajesh v. State of Uttarakhand

UKHC010036152026

2026:UHC:5616 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS

BA1/368/2026

Rajesh --Applicant Versus State Of Uttarakhand --Respondent

Hon'ble Rakesh Thapliyal, J.

¶1Mr. Deepak Pethshali, learned counsel for the applicant.

¶2Mr. B.C. Joshi, learned AGA for the State.

¶3Present applicant "Rajesh, son of Naresh Pal", is praying for regular bail in reference to FIR dated 15.06.2023 bearing FIR No. 282 of 2023 registered at Police Station – Bazpur, District – Udham Singh Nagar, which was lodged against unknown person for the offence punishable under Section IPC. On completion of the investigation, charge sheet was filed and applicant has been summoned to face the trial for the offence punishable under Section 363, 366, 376 IPC and under Section 5 / 6 of the POCSO Act.

¶4It is argued by the learned counsel for the applicant that applicant is innocent and in fact, he was in love with the victim, which the victim in her statement recorded under Section 183 BNSS, also admits that she was in love with the applicant and due to their physical relation one child was also born, who is now at present 1 ½ years old. He submits that in fact, victim is in relation with the applicant. He further submits that the applicant undertakes that after being released on bail, he will marry with the victim, who is now at the verge of majority and will get their marriage to be registered. He further submits that the applicant is biological father of the child, which was born due to their physical relation. He further submits that victim was minor at the time of incident but in fact, she want to marry with the applicant, which UKHC010036152026

2026:UHC:5616 is evident from the statement of the victim recorded under Section 183 BNSS, which was recorded on 29.08.2025. He further submits that present applicant is in judicial custody since

19.02.2025 and charge sheet has already been filed. He further submits that if the applicant is admitting that he is the biological father of the child and want to marry with the victim then in order to secure the future of child as well as victim the applicant can be enlarged on bail.

¶5On the other side, learned State Counsel has not disputed that victim was in love with the applicant, which she admit in her statement under Section 183 BNSS and applicant is languishing in jail since 19.02.2025 and charge sheet has already been filed.

¶6After hearing the rival submissions of learned counsel for the parties and taking into consideration that victim is in love with the applicant, which she admitted in her statement under Section 183 BNSS and applicant is languishing in jail since 19.02.2025 and charge sheet has already been filed, and the applicant is now ready to marry with the victim and accepting that he is the biological father of the child born from their physical relation, this Court is of the view that applicant deserves for bail.

¶7Accordingly, without expressing any opinion on the merit of the case and subject to the undertaking as above, the bail application is allowed.

¶8Let the applicant "Rajesh, son of Naresh Pal" 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.)

09.07.2026 SKS