High CourtsSingle Bench

Krishna Bahadur vs State Of Uttarakhand

Uttarakhand High Court · Decided on 30 April 2024 · Citation: (2024) 04 UK CK 0172

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 363, 376 · Protection Of Children From Sexual Offences Act, 2012 — Section 3, 4
RESULT
Allowed
CASE NUMBER
First Bail Application No. 800 Of 2024
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Judgment

8 paragraphs · 175 words

Ravindra Maithani, J

1.

Applicant Krishna Bahadur is in judicial custody in Case Crime No.62 of 2023, under Sections 363, 376IPC and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012, Police Station-Patelnagar, 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 has not supported the prosecution case in her cross examination; her statement is not reliable.

4.

Learned State Counsel would submit that the victim has, though, supported the prosecution case in her examination-in-chief, but in her cross examination, she has not supported the prosecution case.

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.