Asharfi Lal Alias Monu vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in Case Crime No.623 of 2023, under Sections 363, 366, 376(2)(n), 376(3) IPC and Section 5(l)/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station- SIDCUL, District- Haridwar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on the victim, a young girl, had left her home on 16.11.2023, at 3:00 PM.

Learned counsel for the applicant would submit that the applicant and the victim both were in relationship; the applicant and the victim are married; the age of the victim is 16 years; the informant had given a false certificate with regard to the date of birth of the victim, for which, an FIR has been lodged against the informant, who happens to be the father of the victim; the victim has already stated during her statement under Section 164 of the Code of Criminal Procedure, 1973 (“the Code”), that she is married to the applicant.

Learned State Counsel admits that in her statement under Section 164 of the Code, the victim has stated that she and the applicant are married, although, she would submit that the victim is a minor.

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.