Mursaleen vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in connection with Special Sessions Trial No. 191 of 2023, in FIR /Case Crime No. 758 of 2023, under Section 363, 366, 376 (2) (n), 376 (3), 506 IPC and Section 5(l )/6 of the Protection of Children From Sexual Offences Act, 2012, Police Station Laksar, District Haridwar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 13.09.2023, the applicant enticed the victim, a young girl and left her on the same date at 10:00 in the night. The victim revealed it to her family members that the applicant took her to a place and did galat-kaam with her and also made video of it. FIR records that the victim had then revealed that the applicant had threatened her that in case, she reveals the incident to anyone, the photographs would be made viral.

Learned counsel for the applicant would submit that the applicant and the victim both were in relationship. The relationship was consensual. This is what the victim has stated in her statement under Section 164 of the Code of Criminal Procedure, 1973 (“ the Code”) and in her cross examination at the trial.

Learned counsel for the informant would submit that the relationship does not mean that the applicant would establish physical relation with the victim, who was a young girl.

Learned State counsel would submit that the victim is minor and she has supported the prosecution case.

It is the 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 proceedings.

In her statement under Section 164 of the Code, the victim has stated that she was in romantic relationship with the applicant. In her cross examination, in the court also, she has stated that she knew the applicant for one and a half years prior to the recording of the statement. They were talking to each other. They have established physical relations on multiple occasions.

In the cases of Mahesh Kumar v. State (NCT of Delhi), 2023 SCC OnLine Del 2634, Faizan Wahid Baig v. The State of Maharashtra, MANU/MHOR/62774/2022, Vijaylakshmi and another v. State and another, 2021 SCC OnLine Mad 317, Shri John Franklin Shylla v. State of Meghalaya & Anr., 2023 SCC OnLine Megh 303 and Ashik Ramjali Ansari v. State of Maharashtra and another, 2023 SCC OnLine Bom 1390, the Courts have either granted bail or quashed the proceedings or acquitted the accused in the cases like instant one.

Having considered, this Court is of the view that subject to certain conditions, the applicant may be enlarged on bail.

The bail application is allowed.

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.