High CourtsSingle Bench

Jeeshan Salmani vs State Of Uttarakhand

Uttarakhand High Court · Decided on 10 November 2023 · Citation: (2023) 11 UK CK 0078

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 323, 376, 504, 506 · Protection Of Children From Sexual Offences Act, 2012 — Section 5, 6
RESULT
Allowed
CASE NUMBER
First Bail Application No. 130 Of 2023
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

9 paragraphs · 208 words

Ravindra Maithani, J

1.

Applicant Jeeshan Salmani is in judicial custody in FIR No.575 of 2022 dated 06.09.2022, under Sections 323, 376, 504, 506 IPC and Sections 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.

According to the FIR, the applicant is husband of the informant. The applicant and his brother would harass, torture and beat the informant. It was informant’s second marriage. She had a daughter. The FIR states that the applicant would molest the young girl also.

4.

It is argued that it is a matrimonial discord; the young girl, who has been examined as PW2 at trial had not supported the prosecution case.

5.

These facts are admitted by the learned State counsel.

6.

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.

7.

The bail application is allowed.

8.

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.