Gulshan Kumar vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Gulshan Kumar is in judicial custody in Case Crime No.01 of 2020, under Section 376(3) IPC and Section 5(l)/6 of the Protection of Children From Sexual Offences Act, 2012, Patwari Circle- Mawalsyun-1, Tehsil-Chaubattakhal, District Parui Garhwal. 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 aged 15 years, consumed poison on 03.09.2020. She was revived. She revealed that on 02.09.2020, at about mid night, the applicant called her from her maternal grandmother’s house and raped her, due to which she got scared and left her maternal grandmother’s house.

It is argued by learned counsel for the applicant that the victim and the applicant are young; they were in relationship; no offence, as such, has been committed; the alleged incident is not reliable because allegedly the incident took place in the midst of the village; the Doctor has not supported the prosecution case; the applicant is a young boy; he has a career ahead; he is not a previous convict. Hence, it is a case fit for bail.

On the other hand, learned State Counsel would submit that the applicant raped a young girl, who is a child; the victim has also stated about it. Hence, it is not a case fit for bail.

The victim has already been examined at trial. She has supported the prosecution case. Other witnesses have also been examined. They also have supported the prosecution case. The victim, according to prosecution, is a child, who has yet not completed the age of 18 years; the victim, according to her, had consumed poison because of the act done to her.

Having considered the entirety of facts, this Court is of the view that it is not a case fit for bail. Accordingly, the bail application deserves to be rejected.

The bail application is rejected.