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. 3–5He 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. 3–5The State did not dispute those matters.
Source reference: paras. 3–5The charge sheet had been filed, the applicant had no criminal antecedents, and he had been in custody since 14 May 2026.
Source reference: paras. 3–5Issues
Whether the applicant should be released on bail pending trial, in light of the circumstances relied upon by the parties.
Source reference: paras. 4–6Law 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. 3The 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. 6Reasoning
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. 6It 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. 6On those grounds, the Court found that he deserved bail, without expressing an opinion on the merits of the case.
Source reference: para. 6Holding
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. 7–8Conditions included attending each trial date without unnecessary adjournment, surrendering any passport, and refraining from threatening the victim or her family.
Source reference: paras. 7–8Acts & Sections Cited
3 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nyaya Sanhita, 20231
Original Court PDF
AKSHAY KUMARvsSTATE OF UTTARAKHAND
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