Sonu vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Sonu, who is in judicial custody, in connection with FIR No. 178 of 2018, under Section 363, 366, 376 I.P.C. and under Section 5/6 of the Protection of Children From Sexual Offences Act, 2012 (hereinafter referred to as the Act), Police Station Sitarganj, District Udham Singh Nagar has sought his release on bail.

Heard Mr. Aklema Parveen, Advocate for the applicant and Mr. S.K. Chaudhary, Deputy Advocate General for the State.

In this case, an FIR was lodged under Section 363 I.P.C. on 26.05.2018. According to it, the applicant enticed the prosecutrix, aged 16 years, who was the daughter of the first informant. After investigation, charge sheet under Section 363, 366, 376 I.P.C. and 5/6 of the Act submitted against him.

Learned counsel for the applicant would argue that the prosecutrix was not minor, when the FIR was lodged because her date of birth is 30.07.1999. The applicant married the prosecutrix on 31.08.2018 and today, prosecutrix is staying with the applicant's family and she has also delivered a baby boy born out of the wedlock. It is also argued that the prosecutrix has already been examined in the court and stated all these facts.

The school leaving certificate from the school has been filed with regard to the age of the prosecutrix.

Learned State counsel would argue that according to one of the school leaving certificates, the prosecutrix was minor on the date of incident. But with regard to the school leaving certificate, which the applicant has filed and stated that it is the first school certificate, there is no rebuttal, as such, on behalf of the State.

It has not been denied that the applicant had married the prosecutrix. The prosecutrix has given birth to a baby boy from the wedlock. At one stage, the prosecutrix states that she is 19 years of age, which she has stated on the date of her examination on 26.11.2018. Many of the witnesses have already been examined at the trial.

Having considered the submission, without expressing any opinion as to the final merits of the case and under the facts and circumstances of the case, this Court is of the view that the applicant deserves to be released on bail.

The bail application is allowed. Let the applicant, namely, Sonu 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.