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Judgment
15 paragraphs · 251 wordsSudhanshu Dhulia, J. (Oral)
Heard Mr. S.K. Shandilya, Advocate for the accused applicant, and Mr. Pankaj Joshi, Brief Holder for the State.
The applicant is in jail having been implicated in Case Crime No. 115 of 2018 for the offences under Sections 363, 366-A, 376(2)(i) IPC and one under
Section 3(a)/4 of the Protection of Children from Sexual Offences Act, 2012 registered in the Police Station Kotwali Gangnahar, Roorkee, District
Haridwar.
It is contended that the alleged incident happened on 5.2.2018 but the report could be lodged with the delay of 46 days on 24.3.2018. It is also
contended that the applicant is 21 years of age who has no previous criminal history and he has been falsely implicated in the present case. The age of
the victim as per the prosecution is 13 years. Applicant is in jail since April, 2018.
Considering the overall materials presently available before this Court and also considering that the FIR is highly belated, prima facie the applicant has
been able to make out a case for bail. The bail application is allowed accordingly.
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Let the applicant be enlarged on bail in the aforesaid crime on his executing a personal bond and two reliable sureties, each in the like amount, to the
satisfaction of the Magistrate/Court concerned.
It is made clear that any observation made by this Court is only for the purpose of deciding the present bail application and the same shall not be taken
into consideration at all in any other proceedings.