Uttarakhand HC Grants Bail To Rape Accused, Citing Conflicting Accounts Of How Long Complainant Knew Him And Months In Custody

The applicant was in judicial custody in connection with FIR/Case Crime No. 358 of 2026, registered at Police Station Patel Nagar, Dehradun, under Sections 64, 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023.

The complainant alleged that the applicant, a neighbour known to her, had forcibly established physical relations with her after threatening her.

The applicant sought bail, arguing, among other things, that the FIR was delayed, the complainant’s statements contained contradictions about the duration of their acquaintance, and he had been in custody since 11 June 2026.

This was his second bail application; the first had been dismissed as withdrawn.

The Court considered the alleged offences under Sections 64, 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023, and the complainant’s statements recorded under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The judgment cites no precedent or specific statutory test for bail; it assesses the application by reference to the nature and gravity of the allegations, the material on record, relevant inconsistencies, and the period of custody.

The Court considered the gravity of the allegations alongside the contradictions in the complainant’s statements, which the State did not dispute, and the period of incarceration undergone by the applicant.

On that combined assessment, it concluded that the applicant had made out a case for bail, without expressing any opinion on the merits.

It directed that the applicant be released on executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned.