High CourtsSingle Bench

Krishana Kumar @ Krishna vs State Of Uttarakhand

Uttarakhand High Court · Decided on 15 February 2023 · Citation: (2023) 02 UK CK 0062

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 363, 366, 376(3) · Protection Of Children From Sexual Offences Act, 2012 — Section 5, 6
RESULT
Allowed
CASE NUMBER
First Bail Application No. 261 Of 2023
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Judgment

8 paragraphs · 189 words

Ravindra Maithani, J

1.

Applicant-Krishana Kumar @ Krishna is in judicial custody in Case Crime No. 127 of 2022, under Sections 363, 366, 376 (3) of IPC and Section 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.

It is argued that victim has not supported the prosecution case at trial. She has been declared hostile and there is no other biological, forensic or electronic evidence.

4.

Learned State Counsel admits that the victim has not supported the prosecution case. According to him, the bail rejection order does not reveal any existence of any biological, forensic or electronic evidence.

5.

Having considered, this Court is of the view that it is a case fit for bail. Accordingly, 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 personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the court concerned.