Jatin vs State Of Uttarakhand

Ravindra Maithani, J

Applicant- Jatin is in judicial custody in Case Crime No.314 of 2022, under Sections 363, 366-A and 376 IPC and Sections 5 and 6 the Protection of Children from Sexual Offences Act, 2012, Police Station- Jaspur, 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, the victim was found missing from 29.08.2022. It is the prosecution case that, in fact, the applicant enticed the victim and established physical relations with her.

Learned Senior Counsel appearing for the applicant would submit that the victim is not a child; she has already been examined as PW1 in the trial; she has revealed her age 20 years and stated that, in fact, she wanted to marry the applicant. Therefore, she left her father’s house, married the applicant, and, thereafter, established relations.

Learned State Counsel would submit that, as per the bail rejection order, the victim was minor. Her date of birth is 01.01.2007, but he admits that the victim has stated that she married the applicant, and, thereafter, established physical relations. It is admitted to the victim also that she married the applicant.

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.