The Uttarakhand High Court has dismissed the first bail application of Tanveer in a case involving allegations under the Bharatiya Nyaya Sanhita (BNS), the Protection of Children from Sexual Offences (POCSO) Act, the Scheduled Castes and Scheduled Tribes Act and the Freedom of Religion Act. Justice Rakesh Thapliyal passed the order on June 30, 2026.
Background
The applicant sought regular bail in connection with an FIR registered at Police Station Bahadrabad, Haridwar. According to the order, the investigation had been completed and Tanveer and co-accused Nazim had been charge-sheeted under various provisions. The defence argued that the victim did not support the prosecution case during cross-examination and that the forensic report found no spermatozoa. It also relied on the bail granted to co-accused Nazim.
The State opposed bail, submitting that the victim was a minor and that the forensic material connected Tanveer with the victim. The prosecution referred to a DNA match between the samples and also relied upon the alleged recovery of a forged Aadhaar card carrying a different name.
The Court examined the forensic report and rejected the argument that the absence of spermatozoa by itself ruled out sexual assault.
“This Court is of the view that absence of spermatozoa does not negate the sexual assault. Semen may lack spermatozoa due to medical condition or the nature of sexual assault. Presence of accused’s DNA in the victim vaginal swab Exhibit 7 provides scientific corroboration of physical contact.”
The Court further observed that once the victim's minority is established under the POCSO Act, a plea of consensual sexual relationship has no relevance. It also held that the victim's denial during examination could not, at the bail stage, wipe out the forensic material relied upon by the prosecution.
The Court found no sufficient ground to grant bail. It dismissed Tanveer's bail application while clarifying that the observations made in the order would not influence the trial court while deciding the case on its merits.
Case Details
Case Title: Tanveer v. State of Uttarakhand
Case Number: BA1/1111/2026
Judge: Justice Rakesh Thapliyal
Decision Date: June 30, 2026
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