High CourtsSingle Bench

Sachin vs State Of Uttarakhand

Uttarakhand High Court · Decided on 10 November 2023 · Citation: (2023) 11 UK CK 0087

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 376(2)(f), 376(2)(n), 376(3), 504, 506 · Protection Of Children From Sexual Offences Act, 2012 — Section 3, 4(2), 5(1)(n), 6
RESULT
Allowed
CASE NUMBER
First Bail Application No. 1646 Of 2023
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Judgment

9 paragraphs · 208 words

Ravindra Maithani, J

1.

Applicant Sachin is in judicial custody in FIR No.187 of 2023, under Sections 376(2)(n), 376(3), 376(2)(f), 504, 506 IPC and Section 3 read with Section 4(2) and Section 5(1)(n) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012, P.S. Kotwali Gang Nahar, District Haridwar. He has sought to release his bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, the applicant would rape the victim, a young girl of 14 years of age, which he did on multiple occasions. The applicant and the victim are cousins.

4.

Leaned counsel for the applicant would submit that the victim has not stated anything during investigation against the applicant; during trial, she has not supported the prosecution case; she has been declared hostile and there is no other evidence.

5.

These facts are admitted by the learned State Counsel.

6.

Having considered, this Court is of the view that the applicant deserves to be enlarged on bail.

7.

The bail application is allowed.

8.

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.