Amit Kumar Katheria vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in FIR No.106 of 2023, under Sections 363, 366, 376 IPC and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Jhankaia, District Udham Singh Nagar. 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, had left her home on 11.12.2023, at 4:00, in the evening, for shopping, but she did not return. It was revealed that it is the applicant, who had enticed her and took her along with him.

Learned counsel for the applicant would submit that the applicant and the victim both are young; they fell in love; the applicant and the victim were in romantic relationship; they both are married. He would refer to the statement of the victim recorded during investigation under Section 164 of the Code of Criminal Procedure, 1973 (“the Code”).

Learned Counsel admits that according to the victim, she was in relationship with the applicant, but he would submit that the victim is a minor.

It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial, or in any other proceeding.

The victim in her statement recorded under Section 164 of the Code has admitted that she and the applicant both were in romantic relationship and she joined the company of the applicant on her own.

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 in the like amount, to the satisfaction of the court concerned.