High CourtsSingle Bench

Arjun Kashyap vs State Of Uttarakhand

Uttarakhand High Court · Decided on 11 July 2024 · Citation: (2024) 07 UK CK 0071

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 363, 366, 376(2)(n) · Protection Of Children From Sexual Offences Act, 2012 — Section 5(1), 6
RESULT
Allowed
CASE NUMBER
First Bail Application No. 1264 Of 2024
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Judgment

8 paragraphs · 188 words

Ravindra Maithani, J

1.

Applicant is in judicial custody in FIR/Case Crime No.197 of 2022, under Sections 363, 366, 376(2)(n) IPC & Section 5(1)/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Kankhal, District Haridwar. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

Learned counsel for the applicant would submit that the victim has already been examined at trial. She has not supported the prosecution case. She has been declared hostile. He would also submit that the informant has not also supported the prosecution case at trial. Learned counsel would submit that there is no forensic or electronic evidence against the applicant.

4.

Learned State Counsel admits these facts.

5.

Having considered the health condition of the applicant and other factors, this Court is of the view that the applicant deserves to be enlarged on bail.

6.

The bail application is allowed.

7.

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.