Rohit Kumar vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in Case Crime No.08 of 2023, under Section 376 IPC and Section 5(j)(ii)/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station- Selaquie, District-Dehradun. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

This is the second bail application. The first bail application, being BA1 No.1887 of 2023, was dismissed in non-prosecution on 10.06.2024.

According to the FIR, the victim, a young girl of 14 years of age, suddenly felt pain in her stomach. When she was examined by the Doctor, the Doctor revealed that she was pregnant by more than 29 weeks. On questioning, the victim revealed that one Nikhil had enticed her and did galat kaam with her.

Learned counsel for the applicant would submit that the applicant is not named in the FIR; after long, the applicant was named; the victim has already been examined in the trial; she has named the applicant also as the person, who established physical relations with her, but it is argued that the DNA report has been received and neither Nikhil nor the applicant is the biological father of the child delivered by the victim.

Learned State Counsel would submit that the victim, in her statement in the court has stated that first Nikhil did galat kaam with her and, thereafter, the applicant also established physical relations with her. The victim delivered a child. Learned State Counsel admits that neither Nikhil nor the applicant is the biological father of the child delivered by the victim.

It is a 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 proceeding.

The applicant is not named in the FIR. The DNA report, at this stage, reveals that the applicant is not the biological father of the child delivered by the victim.

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.

The bail application is allowed.

Let the applicant 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.