High CourtsSingle Bench

Sonu vs State Of Uttarakhand

Uttarakhand High Court · Decided on 4 July 2024 · Citation: (2024) 07 UK CK 0023

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 363, 376(2)(n) · Protection Of Children From Sexual Offences Act, 2012 — Section 5(l), 6 · Code Of Criminal Procedure, 1973 — Section 161, 164
RESULT
Allowed
CASE NUMBER
First Bail Application No. 956 Of 2024
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Judgment

10 paragraphs · 245 words

Ravindra Maithani, J

1.

Applicant is in judicial custody in FIR No.325 of 2022, under Sections 363, 376(2)(n) IPC and Section 5(l)/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Ranipur, District Haridwar. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, the victim, a minor girl, left her house on 30.06.2022. Thereafter, she did not return. Suspicion was raised on the applicant that he has enticed the victim and taken her to Muzaffarnagar.

4.

Learned counsel for the applicant would submit that the applicant and the victim were in romantic relationship; This is what the victim has stated during investigation and trial. Reference has been made to the statements of the victim recorded under Sections 161 and 164 of the Code of Criminal Procedure, 1973 and during trial.

5.

State was required to file objections, which have not been filed.

6.

Learned State Counsel admits these factual aspects. She also admits that in her cross examination, the victim has denied total prosecution case.

7.

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.

8.

The bail application is allowed.

9.

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.