High CourtsSingle Bench

Munjir Alias Imran Ahmad vs State Of Uttarakhand

Uttarakhand High Court · Decided on 16 January 2024 · Citation: (2024) 01 UK CK 2960

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 · Bharatiya Nyay Sanhita, 2023 — Section 64(1), 351(2) · Protection Of The Children From Sexual Offences Act, 2012 — Section 3, 4
RESULT
Allowed
CASE NUMBER
First Bail Application No. 85 Of 2025
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Judgment

9 paragraphs · 279 words

Alok Kumar Verma, J

1.

The present Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for regular bail in connection with the First Information Report No. 396 of 2024 (Special Sessions Trial No. 821 of 2024), registered at police station Rudrapur, District Udham Singh Nagar.

2.

The applicant is in judicial custody for the offence under Sections 64(1), Section 351 (2) of the Bharatiya Nyay Sanhita, 2023 and Section 3 read with Section 4 of the Protection of Children from Sexual Offences Act, 2012.

3.

Heard Mr. Mani Kumar, learned counsel for the applicant and Mr. Akshay Latwal, learned Brief Holder for the respondent.

4.

Mr. Mani Kumar, Advocate, has contended that the applicant has been falsely implicated in the present matter. He is in judicial custody since 03.09.2024. He does not have any criminal antecedents. The alleged victim, aged about 17 years, (P.W.1) has not supported the case of the prosecution, and, the applicant is a permanent resident of District Udham Singh Nagar, therefore, there is no chance of his absconding.

5.

Mr. Akshay Latwal, learned Brief Holder, has opposed the bail application orally.

6.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

7.

The Bail Application is allowed.

8.

Let the applicant – Munjir alias Imran Ahmad be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.