High CourtsSingle Bench

Mohit Kucchal vs State Of Uttarakhand

Uttarakhand High Court · Decided on 29 December 2023 · Citation: (2023) 12 UK CK 0199

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 370
RESULT
Allowed
CASE NUMBER
First Bail Application No. 2752 Of 2023
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Judgment

9 paragraphs · 230 words

Ravindra Maithani, J

1.

Applicant Mohit Kucchal is in judicial custody in FIR No.334 of 2023, under Section 370 IPC, Police Station Piran Kaliyar, District- Haridwar. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, one day, the elder child of Rukmani was sold by the co-accused. During investigation, it was revealed that, in fact, it is the applicant, who had purchased it.

4.

Learned counsel for the applicant would submit that the applicant has two daughters. He wanted to take one baby boy in adoption, therefore, he took the child in adoption. Therefore, it is not a case of trafficking. The applicant is suffering with Cancer; he is in a serious condition; the chargesheet has already been filed.

5.

Learned State Counsel would submit that the child was recovered from the applicant; the statement of the mother of the child reveals that, according to her, she had given the child in adoption.

6.

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.

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.