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Judgment
10 paragraphs · 254 wordsRavindra Maithani, J
Applicant is in judicial custody in FIR No.100 of 2023, under Sections 363, 366, 376, 506 IPC and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Nanakmatta, District Udham Singh Nagar. He has sought his release on bail.
This is the second bail application. The first bail application, being BA1 No.46 of 2024, was dismissed in non prosecution on 04.03.2024
Heard learned counsel for the parties and perused the record.
According to the FIR, the victim, a girl child left her house in the intervening night of 21/22.04.2023, without revealing anything to anyone in the house. A search was made, but she could not be located.
Learned counsel for the applicant would submit that the applicant is 19 years of age; the victim is 17 years of age; both are young and they were in romantic relationship. Therefore, they both got married and stayed together; in the statement of the victim under Section 164 of the Code of Criminal Procedure, 1973, the victim has stated so.
These factual aspects are not denied by learned State Counsel.
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.