BA1/537/2026 of SAURABH Vs STATE OF UTTARAKHAND on 19 August 2026

1. Mr. Rahul Adhikari, learned counsel for the applicant.

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

3. The instant bail application has been moved by the applicant – “Saurabh, S/o Dinesh Lal”, in reference to FIR dated 21.06.2025 bearing F.I.R. No. 21 of 2025 registered at Police Station – Laamgaon, District Tehri Garhwal wherein the present applicant has been implicated and charge sheeted for offences punishable under Section 64, 96, 137 (2) of BNS, 2023 read with Section 5(1) and 6 of the POCSO Act.

4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated and in fact, applicant was in love with the victim, who at the time of incident, was 17 ½ years old and applicant was 20 years old and the victim in her statement recorded under Section 183 of BNS, 2023 stated that both of them married in Shiv Temple on 23.06.2025, Haridwar and made physical relations. He further submits that applicant is languishing in jail since 27.06.2025 and suffered incarceration of more than one year and there is no substantial progress in the trial, and as such, he be released on bail.

5. On the other side, learned AGA has not disputed that at the time of incident, victim was 17 ½ years and victim in her statement recorded under Section 183 of BNS, 2023 stated that both of UKHC010053732026 2026:UHC:7484 them married in Shiv Temple but he submits that medical report supports the prosecution case.

6. After hearing the learned counsel for the parties and taking into consideration that the applicant is languishing in jail since 27.06.2025 and has already suffered an incarceration of more than one year and at the time of incident, he was also of tender age and there is no substantial progress in the trial and victim herself stated in the statement recorded under Section 183 of BNS, 2023 that both of them married in Shiv Temple, this Court is of the view that the applicant deserves bail. Accordingly, without expressing any opinion on the merit of the case, the instant bail application is allowed.

7. Let the applicant – “Saurabh, S/o Dinesh Lal” be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned, subject the following conditions:-

i. The applicant shall join the trial Court proceedings on each and every date without seeking any unnecessary adjournment.

ii. The applicant shall not give any threatening to the victim and to her family members and will not make any attempt to temper with the evidence.

iii. It is further made clear that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution will be free to move application for cancellation of bail. (Rakesh Thapliyal, J.) 19.08.2026 SKS