Faizul vs State Of Uttarakhand

Ravindra Maithani, J

Applicant- Faizul is in judicial custody in FIR No.232 of 2023, under Sections 363, 366, 376, 376(2)(n) IPC and Section 5(l)(j)(ii)/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station- Ranipur, District- Haridwar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, the victim, a young girl of 17 years of age, was found missing from her house on 21.05.2023, at 10:00 PM. A missing report was lodged. Subsequently, the victim was recovered. During investigation, she revealed that, in fact, she is major; she is 21 years of age; she was in relationship with the applicant; she wanted to marry with the applicant. Therefore, they solemnized court marriage.

Learned counsel for the applicant would submit that the applicant is innocent; the applicant and the victim both were in relationship. That is what the victim has stated during investigation. It is argued that though the victim has already been examined at trial, but she has still maintained that she and the applicant both are married.

Learned counsel for the applicant has also doubted the documents pertaining to the date of birth of the victim on the ground that a bare reading of it makes the document doubtful because the attendance of the victim in the school was prior to her date of admission.

Learned State Counsel would submit that during investigation, the victim has not supported the prosecution case, but during trial, she has partially supported the prosecution case. He admits that the victim has stated that she and the applicant both are married.

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.