Uttarakhand High Court
Criminal LawCriminal Procedure and Evidence

Victim’s acknowledged relationship and pregnancy, with investigation complete, justified bail in the POCSO case.

AKSHAY KUMAR vs STATE OF UTTARAKHAND

Uttarakhand High CourtJUDGMENT: October 08, 20262 MIN READSOURCE JUDGMENT
Victim’s acknowledged relationship and pregnancy, with investigation complete, justified bail in the POCSO case.. AKSHAY KUMAR vs STATE OF UTTARAKHAND. Uttarakhand High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

Akshay Kumar sought bail in a case registered at Police Station Kanda, District Bageshwar, under Sections 5(j)(ii) and 6 of the POCSO Act read with Section 64(i) of the Bharatiya Nyaya Sanhita, 2023.

Source reference: paras. 3–5

He submitted that he and the victim, who was a minor but over 17 at the time, were in a relationship; the victim had testified that she loved him and became pregnant by him.

Source reference: paras. 3–5

The State did not dispute those matters.

Source reference: paras. 3–5

The charge sheet had been filed, the applicant had no criminal antecedents, and he had been in custody since 14 May 2026.

Source reference: paras. 3–5
02

Issues

Whether the applicant should be released on bail pending trial, in light of the circumstances relied upon by the parties.

Source reference: paras. 4–6
03

Law Applied

The applicant was charged under Sections 5(j)(ii) and 6 of the Protection of Children from Sexual Offences Act, 2012, read with Section 64(i) of the Bharatiya Nyaya Sanhita, 2023.

Source reference: para. 3

The Court’s order does not identify a specific bail provision, set out a broader legal test, or rely on precedent; it assesses the applicant’s circumstances and the case’s procedural posture in deciding whether to grant bail.

Source reference: para. 6
04

Reasoning

The Court considered the applicant’s age, the relationship described by the victim in her examination-in-chief, and her testimony that she became pregnant by him.

Source reference: para. 6

It also took account of the completed investigation, the filing of the charge sheet, the applicant’s lack of criminal antecedents, and the absence of any need for further custodial interrogation.

Source reference: para. 6

On those grounds, the Court found that he deserved bail, without expressing an opinion on the merits of the case.

Source reference: para. 6
05

Holding

The Court allowed the bail application.

The Court directed that Akshay Kumar be released on a personal bond with two reliable sureties to the satisfaction of the court concerned.

Source reference: paras. 7–8

Conditions included attending each trial date without unnecessary adjournment, surrendering any passport, and refraining from threatening the victim or her family.

Source reference: paras. 7–8
06

Acts & Sections Cited

3 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.

Protection of Children from Sexual Offences Act, 20122

Bharatiya Nyaya Sanhita, 20231

Uttarakhand High Court

Original Court PDF

AKSHAY KUMARvsSTATE OF UTTARAKHAND

Uttarakhand High Court · October 08, 2026

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Original judgment, available to read, download and summarize on LawLens.in

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