High CourtsSingle Bench

Govind vs State Of Uttarakhand

Uttarakhand High Court · Decided on 2 January 2023 · Citation: (2023) 01 UK CK 0002

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 376, 377 · Protection Of Children From Sexual Offences Act, 2012 — Section 5, 6
RESULT
Allowed
CASE NUMBER
First Bail Application No. 2655 Of 2021
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Judgment

8 paragraphs · 192 words

Ravindra Maithani, J

1.

Applicant Govind is in judicial custody in FIR No.201 of 2021, under Sections 376, 377 IPC and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Rudrapur, District- Udham Singh Nagar. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

It is argued by learned counsel for the applicant that the victim and the informant, who is the father of the victim, both have not supported the prosecution case.

4.

Learned State Counsel admits that the informant and the victim both have not supported the prosecution case, but according to him, the forensic report reveals that on the top of the victim, the DNA of the applicant was also detected.

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.