Laxmi vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Laxmi is in judicial custody in FIR/Case Crime No.0222 of 2022, under Sections 120-B, 366, 370A, 506 of IPC, Police Station SIDCUL, District-Haridwar. She has sought her release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, the victim was kidnapped and sold to various persons. It is a case against the applicant that she sold the victim to co-accused Nand Lal. Initially it has been the case of the prosecution that the victim was minor.

Learned counsel for the applicant would submit that co-accused whom the applicant allegedly sold the victim, has already been granted bail. The applicant did not commit any offence. The victim was not a minor. The Investigation Officer has found that in fact the brother of the victim had procured a forged birth certificate and thereafter concluded that the victim was not minor. It is argued that the victim on her own visited various places.

Learned State Counsel would submit that the victim was sold to various persons and it is an allegation against the applicant that she also sold the victim to one co-accused Nand Lal, who has already been granted bail.

Admittedly, the charge sheet has already been filed. It is also not the prosecution case that the victim at any point of time raised any alarm. Charge sheet has not been filed revealing the victim as a child.

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 her executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.