Firoz Alam v. State of Uttarakhand

SL. No. Dat e Of f ice Not es, r epor t s, or ders or pr oceedin gs or dir ect ion s an d Regist r ar's or der w it h Sign at u r es COURT'S OR JUDGE'S ORDERS

2026:UHC:3549

BA 1 st No.4 1 0 of 2 0 2 6 Firoz Alam

……Applicant Vs. State of Uttarakhand

..…Respondent Hon 'ble Ash ish Nait h an i, J.

Mr. Zakir Ali, learned counsel for the Applicant.

¶2Mr. Deepak Bisht, learned DAG for the State of Uttarakhand.

¶3In the High Court of Uttarakhand, the present case arises from Bail Application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail for the Applicant – Firoz Alam, who has been accused in FIR No.138 of 2024, under Sections 363, 376 of IPC and under Sections 5/6 of the POCSO Act, at Police Station Bazpur, District Udham Singh Nagar.

¶4The brief facts of the prosecution case are that on 10-03-2024 an FIR got lodged by the informant/Brother of the prosecutrix against the applicant for the offences punishable U/s 363 at Police Station Bazpur, District Udham Singh Nagar, alleging therein that on 08/09 March 2024 at about 02:00AM (at night) her minor sister Gulfiza (16 years) has ran away from home, the informant searched for her, but she was not found. The informant got to know that her sister Gulfiza was enticed by one Firoz @ Gabbbar S/o Bhura Driver, R/o Village Parmanandpur, PS ITI Kashipur, District Udham Singh Nagar, he also came to know that Shakeel Ahmad S/o Rehmat Shah (Uncle of Firoz) and Ishan Khan helped Firoz in this matter, hence this FIR.

¶5Learned counsel representing the Applicant submits for the consideration of the bail that there is a delay in lodging of the FIR and the Applicant has falsely been implicated in the present matter. He further submits that the Applicant is languishing in jail since 12.03.2024, and the Applicant has no criminal history. Learned counsel for the Applicant further submits that there is a love relationship between the victim and the Applicant. He further submits that the victim in her statement recorded under Section 164 of CrPC, has categorically stated she was in love with the Applicant and due to this reason she herself left her home and accompanied with the Applicant.

¶6Bail application of the Applicant has vehemently been opposed by the learned State Counsel with the contention that the victim is a minor girl and "consent" of a minor is of no matter.

¶7Considering the overall facts and circumstances of the case, the Applicant has not made out a case for bail. Consequently, the bail application of the Applicant – Firoz Alam, who has been accused in FIR No.138 of 2024, under Sections 363, 376 of IPC and under Sections 5/6 of the POCSO Act, at Police Station Bazpur, District Udham Singh Nagar, is hereby rejected.

( Ash ish Nait h an i, J.)

08.05.2026 Nitesh/