Ravindra Maithani, J
1. Applicant Abhishek Arya is in judicial custody in FIR No.035 of 2023, under Section 376 IPC and Section ¾ of the Protection of Children from
Sexual Offences Act, 2012, Police Station Haldwani, District Nainital. He has sought his release on bail.
2. Heard learned counsel for the applicant and perused the record.
3. According to the FIR, the informant has three children from her first marriage, i.e., two sons and a daughter. The two sons were staying with the
husband of the informant and the daughter was staying with the informant. The FIR records that sometimes in the month of January, 2022, the elder
son of the informant took his sister along with him. When the daughter of the informant returned, she revealed that, in fact, the applicant had
established relationship with the victim, a young girl of 14 years of age. The victim had then told it to her mother that, in fact, she is in love with the
applicant. Admittedly, the applicant is the real brother of the victim.
4. Learned counsel for the applicant would submit that the victim has already been examined at trial. She has stated that she, on her own, had left the
company of her mother and joined the company of the applicant; there is no forensic report in the matter.
5. Learned State Counsel would submit that the victim has supported the prosecution case at trial.
6. It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this
order shall have no bearing at any subsequent stage of the trial, or in any other proceeding.
7. PW1, the victim, has already been examined at trial. She is 14 years of age. She has stated that once, when she was in her father’s house,
while bathing, the applicant took her photographs. Thereafter, the applicant started blackmailing her and established physical relations with her. He
continued doing so on multiple occasions by blackmailing the victim.
8. Having considered the allegations, which have been levelled by a real sister against her elder brother, and other attending circumstances, this Court
is of the view that it is not a case fit for bail. Accordingly, the bail application deserves to be rejected.
9. The bail application is rejected.
