High CourtsSingle Bench

Kamalkant vs State Of Uttarakhand

Uttarakhand High Court · Decided on 25 April 2024 · Citation: (2024) 04 UK CK 0143

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 120B, 342, 363, 366A, 376(3), 504, 506 · Protection Of Children From Sexual Offences Act, 2012 — Section 5(j)(ii), 6
RESULT
Allowed
CASE NUMBER
First Bail Application No. 768 Of 2024
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Judgment

8 paragraphs · 212 words

Ravindra Maithani, J

1.

Applicant Kamalkant is in judicial custody in Case Crime No.186 of 2023, under Sections 363, 366A, 376(3), 504, 506, 342 and 120-B IPC, and Section 5(j)(ii)/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station- Vikasnagar, District-Dehradun. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

Learned counsel for the applicant would submit that the victim, in her statement, has admitted that she and the applicant are married; the victim is the wife of the applicant; they are blessed with a girl child also; today, a compounding application has also been filed before the Court. Reference has been made to the statement of PW1, the victim, where in her cross-examination, she has stated that she and the applicant both are married.

4.

These factual aspects are not denied by learned State Counsel.

5.

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.

6.

The bail application is allowed.

7.

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.