Sharafat Ali vs State of Uttarakhand

Sudhanshu Dhulia, J. (Oral)

Heard Mr. Gaurav Singh, Advocate for the applicant and Mr. J.S. Virk, AGA with Ms. Shivali Joshi, Brief Holder for the State.

The applicant is in jail having been implicated in Case Crime No.36 of 2018, which has been registered under Sections 363/366-A/376 (2) (n) of IPC

and under Sections 3(a)/4/5 (l) and 6 of the Protection of Children from Sexual Offences Act, at Police Station Pathri, District Haridwar.

Learned counsel for the applicant submits that although in the first information report, the date of birth of the victim has been stated to be 19.02.2002,

but the victim in the statement under Section 164 of CrPC has herself stated her age to be 21 years, which is corroborated by the date of birth written

in the parivar register i.e. 04.03.1998.

Learned counsel for the applicant submits that the prosecutrix in her statement under Section 164 of CrPC has not alleged any rape and has further

said that she had left along with the applicant out of her own free will, and a solemnized marriage with the applicant. The applicant is in jail since

12.07.2018.

Considering the overall facts and circumstances of the case and the fact that the applicant is in jail since 12.07.2018, prima facie, the applicant has

been able to make out a case for bail at this stage. 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 in the like amount to the

satisfaction of the Magistrate concerned/Court concerned.

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

into consideration at all in any other proceedings.