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Judgment
9 paragraphs · 240 wordsRavindra Maithani, J
Applicant Jaswant Singh is in judicial custody in FIR No. 203 of 2023, under Sections 363, 366 and 376 (3) of IPC and Section 5 (q)/6 of the Protection of Children From Sexual Offences Act, 2012, Police Station Sitarganj, District Udham Singh Nagar. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
According to the FIR, on 07.07.2023, the victim aged 14 years left her house, but she did not return.
Learned counsel for the applicant would submit that the applicant and the victim, both are married. The victim left her house on her own. The victim has not supported the prosecution case during trial. She has stated her age to be 20 years and her mother has also not supported the prosecution case. Reference has been made to the statement of the witnesses.
Learned State counsel admits that the victim has stated that she is 20 years of age and she has married the applicant, but he would submit that as per prosecution the victim is a minor.
Having considered, this Court is of the view that 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.