Mohd.. Kurban vs State Of Uttarakhand

Ravindra Maithani, J

Rejoinder Affidavit is taken on record. Miscellaneous Application IA No.1 of 2023 stands disposed of, accordingly.

Applicant is in judicial custody in FIR No.0349 of 2023, under Sections 376, 511, 354-A IPC read with Section 7/8 of the Protection of Children from Sexual Offences Act, 2012, Police Station Patel Nagar, District Dehradun. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, the victim, a young girl of 10 years of age, was all alone in her house at 2:00 PM, when the applicant, who was a contractor in a nearby place demanded water from her. As soon as the victim went inside to get water, the applicant followed her, hold her from hands, hugged her and touched her private parts, but, somehow, the victim could manage herself to release from the clutches of the applicant.

Learned counsel for the applicant would submit that it is a false case; there is no medical examination report; there is no eye witness; there was a money dispute between the family of the victim and the applicant; the applicant is 50 per cent disabled; the labourers have given an affidavit to the Senior Superintendant of Police that no such incident took place.

Learned State Counsel would submit that the victim has supported the prosecution case in her statement during investigation recorded under Section 164 of the Code of Criminal Procedure, 1973 (“the Code”).

It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial, or in any other proceeding.

The FIR is quite in detail and it has been further detailed by the victim in her statement under Section 164 of the Code. The victim has stated as to what happened to her.

She supports the prosecution case.

Having considered, this Court does not see any ground, which may entitle the applicant to bail. Accordingly, the bail application deserves to be rejected.

The bail application is rejected.