Pawan Kumar vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Pawan Kumar is in judicial custody in FIR/Case Crime No.350 of 2023, under Sections 363, 366-A, 376 IPC & Sections 3/4 of the Protection of Children from Sexual Offences Act, 2012, P.S. Jaspur District Udham Singh Nagar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, the victim, a minor girl was found missing from her house on 23.08.2023. A report was lodged.

Learned counsel for the applicant would submit that no offence has been committed by the applicant. The victim was spotted with the applicant and merely on that ground the applicant has been arrested. The applicant has not done anything wrong with the victim. He has referred to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, 1973 (for short “the Code”).

On 09.11.2023, learned State Counsel was required to get instructions in the matter.

The learned State Counsel would submit that the victim has not stated anything against the applicant in her statement under Section 164 of the Code.

Having considered, this Court is of the view that the applicant deserves to 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.