Shakil Mohammad vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in Case Crime No.393 of 2022, under Sections 376(2)(n), 376(3), 323, 504, 506 IPC and Section 3A, 4(ii), 5(j)(ii) n/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station- Dehradun, District- Dehradun. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, the applicant had been establishing physical relations with the victim, a young girl, under the pretext of marriage on multiple occasions. The victim also delivered a baby boy on 10.08.2022.

Learned counsel for the applicant would submit that the applicant and the victim both were in relationship; they were only engaged; their relationship was consensual. That is what the victim has stated in her cross examination at trial. Reference has been made to the statement of the victim recorded during trial.

Learned State Counsel admits these facts.

In the cases of Mahesh Kumar v. State (NCT of Delhi), 2023 SCC OnLine Del 2634, Faizan Wahid Baig v. The State of Maharashtra, MANU/MHOR/62774/2022, Vijaylakshmi and another v. State and another, 2021 SCC OnLine Mad 317, Shri John Franklin Shylla v. State of Meghalaya & Anr., 2023 SCC OnLine Megh 303 and Ashik Ramjali Ansari v. State of Maharashtra and another, 2023 SCC OnLine Bom 1390, the Courts have either granted bail or quashed the proceedings or acquitted the accused in the cases like instant one.

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 of the like amount, to the satisfaction of the court concerned.