High CourtsSingle Bench

Pankaj Kumar vs State Of Uttarakhand

Uttarakhand High Court · Decided on 2 December 2022 · Citation: (2022) 12 UK CK 0009

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 376, 506 · Protection Of Children From Sexual Offences Act, 2012 — Section 5(l), 6
RESULT
Allowed
CASE NUMBER
First Bail Application No. 2654 Of 2022
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Judgment

8 paragraphs · 175 words

Ravindra Maithani, J

1.

Applicant Pankaj Kumar is in judicial custody in FIR/Case Crime No.329 of 2022, under Sections 376, 506 IPC and 5(l)/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Haldwani, District Nainital. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, it is the case of the applicant that he has been falsely implicated; the victim and the mother, both of them have not supported the prosecution case during trial.

4.

Learned State counsel would submit that the record does not reveal availability of any other forensic, electronic or biological evidence.

5.

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.

6.

The bail application is allowed.

7.

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.