Ajay Gangwar vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Ajay Gangwar is in judicial custody in Case Crime No.212 of 2023, under Sections 363, 376(3) of IPC and 3/4 of Protection of Children from Sexual Offences Act, 2012, P.S. Haldwani, District Nainital. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, the victim, a young girl of about 14 years of age was found missing from her house from 14.04.2023. A lot of search was made, but she could not be traced.

Learned counsel for the applicant would submit that the victim during investigation has not revealed anything against the applicant. The statement recorded under Section 164 Code of Criminal Procedure, 1973 (“the Code”), is before the Court.

Learned State counsel would submit that the victim has not stated anything against the applicant. He would submit that the applicant is also known as Ayush. But, in her statement under Section 164 of the Code, he has been named as Piyush, who according to the statement of the victim was following the victim.

Even if it is assumed that the applicant has been named as Piyush by the victim in her statement recorded under Section 164 of the Code, even then, the victim has not stated anything against Piyush except that he was following her.

Having considered, the facts and circumstances of the case, this Court is of the view that it is a case fit for bail.

The bail application is allowed.

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.