Amit Kumar vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Amit Kumar is in judicial custody in FIR No. 4 of 2023 (SST No. 28 of 2023) under Sections 363, 366, 376 IPC, Section 5(l)/6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006, P.S. Nandanagar (Ghat), 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, aged about 18 years was found missing from her house. The FIR was lodged by her father.

Learned counsel for the applicant would submit that the victim, of her own, had left her father’s house; she came into contact with the applicant through some social media platform; they also solemnized their marriage; the victim is the legally wedded wife of the applicant.

Learned counsel for the applicant has referred to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, 1973. He would submit that, it is, in fact, the victim, who had revealed the applicant her age to be 18 years before marriage.

These factual aspects are admitted to the learned State Counsel. It makes out a case for bail.

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.

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.