Sanju Kumar vs State of Uttarakhand

Sudhanshu Dhulia, J. (Oral)

Heard Ms. Pushpa Joshi, Senior Advocate assisted by Ms. Chetna Latwal, Advocate for the applicant and Mr. J.S. Virk, AGA, for the State of

Uttarakhand.

The applicant is in jail having been implicated in FIR No.90 of 2018, which has been registered under Sections 363, 366 and 376 of IPC and under

Sections 5 and 6 of the Protection of Children from Sexual Offences Act, 2012, at Police Station â€" Rudrapur, District- Udham Singh Nagar.

As per the prosecution, the age of the victim is between 15 -16 years. Learned counsel for the applicant submits that the prosecutrix remained with

the applicant for a period of about two months and in her statement under Section 164 of CrPC which finds reference in the bail rejection order of the

court below, it has been stated by the prosecutrix that she being in love with the applicant and had eloped with him.

Considering the overall evidence, which is presently available before this Court, prima facie, the applicant has been able to make out a case for bail.

The bail application is allowed accordingly.

Let the applicant be enlarged on bail in the aforesaid crime on his executing a personal bond and two reliable sureties each of the equal amount to the

satisfaction of the court concerned.

It is made clear that any observation made by this Court is only for the purpose of deciding the present bail application. It shall not be taken into

consideration at all in any other proceedings.