High CourtsSingle Bench

Afsaar Ali vs State Of Uttarakhand

Uttarakhand High Court · Decided on 8 January 2024 · Citation: (2024) 01 UK CK 0055

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 363, 365, 366A, 376 · Protection Of Children From Sexual Offences Act, 2012 — Section 5, 6
RESULT
Allowed
CASE NUMBER
First Bail Application No. 2044 Of 2023
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Judgment

9 paragraphs · 208 words

Ravindra Maithani, J

1.

Applicant Afsaar Ali is in judicial custody in FIR No.282 of 2022, under Sections 365, 363, 366-A, 376 IPC and Sections 5 and 6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Khatima, District- Udham Singh Nagar. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, the victim, a young girl of 17 years of age, let her house at 1:00 PM on 07.10.2022. Thereafter, she was not traceable.

4.

Learned counsel for the applicant would submit that the applicant was 17 years 8 months 6 days old on the date of the alleged incident; she and the applicant both are married. This is what the victim has stated during investigation or at trial.

5.

This fact is admitted by learned State Counsel.

6.

Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

7.

The bail application is allowed.

8.

Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.