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Judgment
9 paragraphs · 229 wordsRavindra Maithani, J
Applicant Akhilesh Kumar is in judicial custody in FIR No.17 of 2023 (Special Session Trial No.26/2023), under Sections 363, 366A, 376 IPC and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, Police Station Gopeshwar, District Chamoli. 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 16 years, left her house on 19.05.2023 at 4:30 PM. The victim took Rs.33,000/- alongwith her. But, she did not return.
Learned counsel for the applicant would submit that the victim has not supported the prosecution case during trial. There is no forensic or pathological report which may connect the applicant with the offence in any manner.
Learned State counsel admits that the victim has not supported the prosecution case during trial. He would also submit that there is no pathological or forensic report available.
Having considered the facts and circumstances of the case, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on 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.