UTTARAKHAND HIGH COURT ISSUES ORDER ON IQBAL V/S STATE OF UTTARAKHAND

NAINITAL, India, March 23 -- Uttarakhand High Court issued the following judgment/order on Feb. 20:

1. This first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the Applicant seeking regular bail in connection with Case Crime No.363 of 2025 under Section 64(2)(m), 308(2), 319(2), 352 of B.N.S., Police Station Bahadrabad, District Haridwar, during the pendency of trial.

2. As per the State's story as alleged in the FIR the applicant concealed his identity, real name and religion and committed rape by force on victim with the false assurance of marriage. An FIR was lodged by the complainant/victim on 19.09.2025 at 06.03 PM at Police Station Bahadarabad.

3. Heard learned counsel for the parties and perused the records.

4. Learned counsel for the applicant submits that the statements on record do not clearly establish the commission of the alleged offences against the applicant. It is further contended that the applicant and the victim were well acquainted with each other and shared a cordial and close relationship.

5. Learned counsel further submits that the applicant and the victim were connected with each other on the social media platform Instagram and had been following and interacting with one another since August, 2025, which reflects their prior friendship and continuous contact.

6. It is next submitted that the present FIR is false and has been lodged in a fabricated manner under political pressure only with a view to harass and implicate the applicant. Learned counsel also submits that the applicant has no previous criminal history.

7. Learned counsel for the applicant further submits that, as per the medical report, the age of the victim is about 22 years, indicating that she is a major. Upon consideration, this Court notes that the victim, as per the medical report, is a major aged about 22 years. The record further reflects that the applicant and the victim were acquainted with each other and were in regular contact prior to the lodging of the FIR. It is pertinent to mention that both the applicant and the victim were consenting adults and it also appears from the record that both the applicant and the victim shared good and close relations with each other. These aspects, coupled with the overall facts and circumstances of the case, have been duly taken into account by this Court at this stage.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63Kv5fL5DZ1E9XhU4r9DB0R21E2RvRACpLpimydTkkgVM9C&caseno=BA1/17/2026&cCode=1&cino=UKHC010002572026&state_code=15&appFlag=)

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