High CourtsSingle Bench

Arvind Varma vs State Of Uttarakhand

Uttarakhand High Court · Decided on 7 May 2024 · Citation: (2024) 05 UK CK 0064

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 363, 366, 376 · Protection Of Children From Sexual Offences Act, 2012 — Section 5, 6
RESULT
Allowed
CASE NUMBER
First Bail Application No. 853 Of 2024
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Judgment

9 paragraphs · 223 words

Ravindra Maithani, J

1.

Applicant Arvind Varma is in judicial custody in Case Crime No.205 of 2023, under Sections 363, 366, 376 IPC and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station- Transit Camp, District- Udham Singh Nagar. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, on 16.07.2023, at 3:30 PM, the victim, a young girl of 13 years of age, had left her home, and did not return.

4.

Learned counsel for the applicant would submit that the victim and her mother have already been examined; in the trial, the victim has not supported the prosecution case; she has stated that she, on her own, had left her home; she is 19 years of age and she has married the applicant.

5.

Learned State Counsel would submit that, as per the prosecution case, the victim is a minor.

6.

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.

7.

The bail application is allowed.

8.

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.