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Avinash Thakur vs State Of Uttarakhand

Uttarakhand High Court · Decided on 9 December 2024 · Citation: (2024) 12 UK CK 0048

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 376 · Protection Of Children From Sexual Offences Act, 2012 — Section 5(1), 6 · Code Of Criminal Procedure, 1973 — Section 164
RESULT
Allowed
CASE NUMBER
First Bail Application No. 1991 Of 2024
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Judgment

8 paragraphs · 205 words

Ravindra Maithani, J

1.

Applicant is in judicial custody in SST No.111 of 2023, pending in the court of Additional Sessions Judge/FTSC (POCSO), Dehradun, which is based on FIR/Case Crime No.192 of 2022, under Section 376 IPC & 5(1)/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Nehru Colony, District Dehradun. 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 on her own left her home and visited the applicant in Delhi; she lived there with the applicant; their relationship was consensual; the victim has so stated, in her statement under Section 164 of the Code of Criminal Procedure, 1973.

4.

This fact is not denied by the learned State Counsel. It makes out a case for bail.

5.

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.

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.