High CourtsSingle Bench

Fardeen vs State Of Uttarakhand

Uttarakhand High Court · Decided on 26 December 2023 · Citation: (2023) 12 UK CK 0154

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 376(3) · Protection Of Children From Sexual Offences Act, 2012 — Section 3, 4 · Code Of Criminal Procedure, 1973 — Section 164
RESULT
Allowed
CASE NUMBER
First Bail Application No. 2478 Of 2023
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Judgment

8 paragraphs · 158 words

Ravindra Maithani, J

1.

Applicant Fardeen is in judicial custody in FIR No.292 of 2023, under Section 376(3) IPC and Section ¾ of the Protection of Children from Sexual Offences Act, 2012, Police Station Banbhulpura, District- Nainital. 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 has already been examined under Section 164 of the Code of Criminal Procedure, 1973, but she has not supported the prosecution case.

4.

Learned State Counsel admits this fact.

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.