High CourtsSingle Bench

Mohammad Farman vs State Of Uttarakhand

Uttarakhand High Court · Decided on 10 November 2023 · Citation: (2023) 11 UK CK 0082

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 363, 366, 376(2) · Protection Of Children From Sexual Offence, 2012 — Section 5, 6 · Code Of Criminal Procedure, 1973 — Section 164
RESULT
Allowed
CASE NUMBER
First Bail Application No.1375 Of 2023
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Judgment

9 paragraphs · 211 words

Ravindra Maithani, J

1.

Applicant Mohammad Farman is in judicial custody in FIR No.752 of 2022, under Sections 363, 366 & 376(2) of IPC and Sections 5 & 6 of the Protection of Children from Sexual Offence, 2012, P.S. Kashipur, 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 victim, a young girl, aged about 16 years, left her house on 27.12.2022. She was studying in Class-VIII.

4.

Learned counsel for the applicant would submit that the applicant and the victim were in relationship. They married. The victim is not a minor. The victim, in her statement under Section 164 of the Code of Criminal Procedure, 1973 has stated that she willingly joined the company of the applicant and married him.

5.

Learned State counsel admits facts of the case.

6.

Having considered, the facts and circumstances of the case, this Court is of the view that the it is a case fit for 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.