USMAN KHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present first bail application has been filed by the applicant Usman Khan, who is in judicial custody in connection with FIR No. 0021 of 2025 (Special Sessions Trial No. 41 of 2025), Police Station Mallital, District Nainital. The case has been registered under Ss. 65(1), 351(1) B.N.S., Ss. 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) and Ss. 3(1)(w)(i), 3(v)(ii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act). The applicant seeks release on bail.

(2.) As per the FIR dtd. 30/4/2025 lodged by the mother of the victim, the alleged incident took place on 12/4/2025 at about 6:30 p.m. It is alleged that the applicant lured the minor victim with ?200/-, took her inside a red car parked in his garage, threatened her with a knife and committed rape. It is further alleged that the applicant threatened the victim not to disclose the incident to anyone. The matter was reported after the victim disclosed the incident to her mother.

(3.) Learned counsel for the applicant would submit that there is an unexplained delay of 18 days in lodging the FIR; that, the medical examination does not support the allegation of rape and no internal or external injuries were found; that, the CCTV footage of the relevant date does not show any red car being taken inside the garage; that, the garage was occupied with construction material and no car could be parked inside; that, the D.N.A. examination does not support the prosecution case.