Jasveer Kumar v. State of Uttarakhand

UKHC010083432026

2026:UHC:5412 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS

BA1/827/2026 Jasveer Kumar --Applicant Versus State Of Uttarakhand --Respondent

Hon'ble Rakesh Thapliyal, J.

¶1Mr. Mukesh Singh Rawat, learned counsel for the applicant.

¶2Mr. Pratiroop Pandey, learned AGA for the State.

¶3Present applicant "Jasveer Kumar, son of Surendra", is praying for regular bail in reference to FIR dated 17.07.2025 bearing FIR No. 0186 of 2025 registered at Police Station – Banbhoolpura, District – Nainital, wherein the present applicant has been implicated for the offence punishable under Section 140 (3) BNS and on completion of the investigation, the applicant is charge sheeted for the offence punishable under Section 65 (1), 137(2) of BNS, 2023 and under Section 5 (l) / 6 of the POCSO Act.

¶4Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated and in fact, the applicant is love with the victim, which the victim has admitted in her statement recorded under Section 183 of BNS, 2023 and both of them married with each other in a temple and after marriage, she became pregnant and gave a birth to a child. He further submits that victim is an orphan and abandoned by her family members and at present, she is living in Nariniketan with her infant child.

¶5On the previous date, in order to ascertain the age of the victim, CMO was directed to constitute a team and pursuant thereto, CMO, constituted a team and victim was medically examined. Now, the report of the CMO is placed by learned AGA before this Court and who UKHC010083432026

2026:UHC:5412 submits that the tentative age of the victim is in between 16 – 19 years.

¶6In addition to this, parents of the applicant were also directed to file their affidavit whether they are ready to accept the victim as their daughter in law and in compliance thereto, parents of the applicant have filed their affidavit wherein they undertake that they are ready to accept victim as their daughter in law and her new born baby. The said affidavit are taken record.

¶7After hearing the rival submissions, as advanced by the learned counsel for the parties and taking into consideration that victim already married with the applicant and got pregnant and now, she is living in Nariniketan with new born baby and parents of the applicant are ready to accept victim as their daughter in law and her new born baby, this Court is of the view that applicant deserves for bail.

¶8Accordingly, without expressing any opinion on the merit of the case the bail application is allowed.

¶9Let the applicant "Jasveer Kumar, son of Surendr", be released on bail on furnishing his personal bond and two sureties, each of the like amount to the satisfaction of the court concerned.

¶10The Superintendent of Nariniketan is directed to release the victim and her new born baby and hand over their custody to the applicant, after completing all formalities, as per law.

(Rakesh Thapliyal, J.)

06.07.2026 SKS