Diwan Singh vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Diwan Singh is in judicial custody in Case Crime No.288 of 2023, under Sections 363, 366, 376(3) 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.

Heard learned counsel for the parties and perused the record.

According to the FIR, the left her house on 22.09.2023, at 8:00 PM, but thereafter, she did not return.

Learned counsel for the applicant would submit that the victim has stated nothing adverse against the applicant in her statement recorded under Section 164 of the Code of Criminal Procedure, 1973 (“the Code”).

Learned State Counsel admits that the victim has stated nothing against the applicant in her statement recorded under Section 164 of the Code. In fact, she has stated that she wanted to marry the applicant. She would submit that in her statement under Section 161 of the Code, the victim has stated that she had physical relations with the applicant.

Admittedly in her statement under Section 164 of the Code, the victim has not stated anything adverse against the applicant.

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.