Allowed¶6

Jasveer Kumar v. State of Uttarakhand

Uttarakhand HC6 Jul 2026BA1/827/2026

Case brief

AI extract

What is this about?

regular bail; Uttarakhand High Court; BA1/827/2026; FIR No. 0186/2025 dated 17.07.2025 P.S. Banbhoolpura District Nainital; Sections 65(1), 137(2) BNS 2023; Section 5(l)/6 POCSO Act; Section 140(3) BNS initial implication; Section 183 BNS victim statement; temple marriage; pregnancy and childbirth; victim tentative age 16–19 years per CMO medical report; orphan victim at Nariniketan with infant; parents' affidavit accepting daughter-in-law; custody of victim and new-born baby handed to applicant; personal bond two sureties; bail allowed without expressing opinion on merits; Rakesh Thapliyal J.; 2026:UHC:5412

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties, each of the like amount, to the satisfaction of the court concerned, without expressing any opinion on the merits; the Superintendent of Nariniketan directed to release the victim and her new-born baby and hand over their custody to the applicant after completing all formalities as per law.

SL.
No.

Date

Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

COURT’S OR JUDGE’S ORDERS

BA1/827/2026
Jasveer Kumar
--Applicant
Versus
State Of Uttarakhand
--Respondent
Hon'ble Rakesh Thapliyal, J.

1.
Mr. Mukesh Singh Rawat, learned counsel
for the applicant.
2.
Mr. Pratiroop Pandey, learned AGA for the
State.
3.
Present applicant “Jasveer Kumar, son of
Surendra”, is praying for regular bail in reference
to FIR dated 17.07.2025 bearing FIR No. 0186 of
2025 registered at Police Station – Banbhoolpura,
District – Nainital, wherein the present applicant
has been implicated for the offence punishable
under Section 140 (3) BNS and on completion of
the investigation, the applicant is charge sheeted
for the offence punishable under Section 65 (1),
137(2) of BNS, 2023 and under Section 5 (l) / 6 of
the POCSO Act.
4.
Learned counsel for the applicant submits
that applicant is innocent and has been falsely
implicated and in fact, the applicant is love with
the victim, which the victim has admitted in her
statement recorded under Section 183 of BNS,
2023 and both of them married with each other in
a temple and after marriage, she became pregnant
and gave a birth to a child. He further submits that
victim is an orphan and abandoned by her family
members and at present, she is living in
Nariniketan with her infant child.
5.
On the previous date, in order to ascertain
the age of the victim, CMO was directed to
constitute a team and pursuant thereto, CMO,
constituted a team and victim was medically
examined. Now, the report of the CMO is placed
bylearned AGA before this Court and who

submits that the tentative age of the victim is in between 16 – 19 years.
6. In addition to this, parents of the applicant were also directed to file their affidavit whether
they are ready to accept the victim as their daughter in law and in compliance thereto, parents of the applicant have filed their affidavit wherein they undertake that they are ready to accept victim as their daughter in law and her new born baby. The said affidavit are taken record.
7. After hearing the rival submissions, as
advanced by the learned counsel for the parties and taking into consideration that victim already married with the applicant and got pregnant and
now, she is living in Nariniketan with new born
baby and parents of the applicant are ready to accept victim as their daughter in law and her new born baby, this Court is of the view that applicant deserves for bail.
8. Accordingly, without expressing any
opinion on the merit of the case the bail
application is allowed.
9. Let the applicant “Jasveer Kumar, son of Surendr”, be released on bail on furnishing his personal bond and two sureties, each of the like amount to the satisfaction of the court concerned. 10. The Superintendent of Nariniketan is directed to release the victim and her new born baby and hand over their custody to the applicant, after completing all formalities, as per law. (Rakesh Thapliyal, J.) 06.07.2026 SKS

submits that the tentative age of the victim is in
between 16 – 19 years.

6.
In addition to this, parents of the applicant
were also directed to file their affidavit whether

they are ready to accept the victim as their
daughter in law and in compliance thereto,
parents of the applicant have filed their affidavit
wherein they undertake that they are ready to
accept victim as their daughter in law and her new
born baby. The said affidavit are taken record.

7.
After hearing the rival submissions, as

advanced by the learned counsel for the parties
and taking into consideration that victim already
married with the applicant and got pregnant and

now, she is living in Nariniketan with new born

baby and parents of the applicant are ready to
accept victim as their daughter in law and her new
born baby, this Court is of the view that applicant
deserves for bail.

8.
Accordingly,
without
expressing
any

opinion on the merit of the case the bail

application is allowed.

9.
Let the applicant “Jasveer Kumar, son of
Surendr”, be released on bail on furnishing his
personal bond and two sureties, each of the like
amount to the satisfaction of the court concerned.
10.
The
Superintendent
of
Nariniketan
is
directed to release the victim and her new born
baby and hand over their custody to the applicant,
after completing all formalities, as per law.
(Rakesh Thapliyal, J.)
06.07.2026
SKS

Jasveer Kumar v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Jasveer Kumar v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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