SAMEER vs STATE OF UTTARAKHAND

UKHC010171052026

2026:UHC:10228
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.

COURT’S OR JUDGE’S ORDERS

BA2/161/2026

Sameer
--Applicant

Versus
State Of Uttarakhand
--Respondent
Hon’ble Alok Mahra, J.
Mr. Rakat Mittal, learned counsel for
the applicant.
2. Mr. Rakesh Joshi, learned A.G.A.
along with Mr. Manoj Bhatt, learned Brief
Holder for the State.
3. Applicant-Sameer, who is in judicial
custody in connection with Case
Crime/F.I.R. No. 271 of 2025 registered at
Police Station-Bhagwanpur, District
Haridwar for the offences punishable
under Sections 333, 351(2), 64(2)(m),
75(2) of the B.N.S. and Section 3(a)/4,
5(1)/6 of the Protection of Children from
Sexual Offences Act, 2012 has sought his
release on bail.
4. Heard learned counsel for the parties
and perused the material available on
record.
5. This is the second bail application.
The first bail application filed by the
applicant was dismissed as withdrawn
vide order dated 07.04.2026.
6. Learned counsel for the applicant
would submit that, as per the prosecution

UKHC010171052026

2026:UHC:10228
case, the applicant forcibly entered the
complainant's house, sexually assaulted
the victim and thereafter threatened her
with circulating the video allegedly
recorded by him on social media if she
disclosed the incident to anyone.
7. Learned counsel would further submit
that the applicant is innocent and has
been falsely implicated in the present
case; that, during her medical
examination and in her statements
recorded under Sections 180 and 181 of
the B.N.S.S., the victim alleged that the
applicant had threatened her with dire
consequences, including throwing acid on
her if she refused to accompany him; that,
subsequently, in her statement recorded
under Section 183 of the B.N.S.S.
(corresponding to Section 164 Cr.P.C.),
the victim introduced a new allegation
that the applicant had sexually assaulted
her on 12.07.2025.
8. He would further submit that, while
deposing as PW-1 before the Trial Court,
the victim categorically stated that no
sexual assault had taken place on
16.08.2025 and that the alleged incident
of sexual assault had occurred on
12.07.2025. Learned counsel has also
drawn the attention of the Court to the
statement of the victim's aunt, who
claimed to have been present at the
victim's house on 16.08.2025 and stated
that the victim had informed her about
the alleged sexual assault. It is contended
that there are material contradictions and

UKHC010171052026

2026:UHC:10228
inconsistencies between the statements of
the victim and her aunt, which create
doubt regarding the prosecution case and
warrant consideration of the applicant's
prayer for bail.
9. Learned counsel would further submit
that the applicant is in judicial custody
since 17.08.2025; that, he has no criminal
antecedents and is a permanent resident
of District Haridwar; that there is no
likelihood of his absconding or tampering
with the prosecution evidence; and that
the trial is likely to take considerable time
to conclude. Thus, learned counsel prays
that the applicant be enlarged on bail.
10. Per contra, learned State counsel
would vehemently oppose the prayer for
bail. However, he does not dispute the
apparent inconsistencies in the
statements of the victim and the fact that
the applicant has been in judicial custody
since 17.08.2025.
11. Having heard learned counsel for the
parties and upon perusal of the material
available on record, this Court finds that
there are material inconsistencies in the
statements of the victim with regard to the
date of the alleged incident. Accordingly,
without expressing any opinion on the
merits of the case, this Court is of the
view that the applicant has made out a
case for grant of bail.
nd
12. Accordingly, the 2 bail application
is allowed.

UKHC010171052026

2026:UHC:10228
13. Let the applicant be released on bail
upon furnishing a personal bond and two
reliable sureties, each in the like amount,
to the satisfaction of the court concerned,
subject to the following conditions:
(i) The applicants shall not, directly or
indirectly, threaten, induce or influence
any person acquainted with the facts of
the case.
(ii) the applicant shall not tamper with
the prosecution evidence or influence any
witness.
(iii) the applicant shall cooperate with the
investigation and trial and regularly
appear before the Trial Court, unless
exempted.
(v) the applicant shall not leave India
without prior permission of the Court
concerned.
(vi) They shall furnish their current
residential addresses and mobile
numbers to the Investigating
Officer/Court concerned and promptly
intimate any change therein.
14. In case of breach of any of the
aforesaid conditions, the prosecution
shall be at liberty to seek cancellation of
bail granted to the applicant.

MAMTA
RANI

(Alok Mahra, J.)
04.11.2026

Mamta

Digitally signed by MAMTA RANI
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=6a812005bebfcf46f244f3e584af1449e43
0ef900bf09a6d67ebbd642671329b,
postalCode=263001, st=Uttarakhand,
serialNumber=5de1751a4f1d9cabfd54852c9e689
11ca8b66dd26690a191648ab5d8dd004ef0,
cn=MAMTA RANI
Date: 2026.11.05 17:28:11 +05'30'