High CourtsSingle Bench

Sonu vs State Of Uttarakhand

Uttarakhand High Court · Decided on 8 February 2022 · Citation: (2022) 02 UK CK 0019

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 363, 366A, 376 · Protection Of Children From Sexual Offences Act, 2012 — Sections 3(a), 4
RESULT
Allowed
CASE NUMBER
First Bail Application No. 79 Of 2022
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Judgment

14 paragraphs · 221 words

Ravindra Maithani, J

1.

Applicant Sonu is in judicial custody in Case Crime No.427 of 2020, under Sections 363, 366-A, 376 IPC and Sections 3(a)/4 of the Protection of

Children from Sexual Offences Act, 2012, Police Station Vikasnagar, District Dehradun. He has sought his release on bail.

2.

Heard learned counsel for the parties through video conferencing and perused the record.

3.

Learned counsel for the applicant would submit that it is no evidence case; the victim has already been examined in the court as Prosecution

Witness No.2, but she has not supported the prosecution case.

4.

State despite opportunity has not filed the counter affidavit.

5.

Learned State Counsel would submit that the victim has not supported the prosecution case. She has been declared hostile and cross-examined by

the prosecution. The victim herself has not supported the prosecution case.

6.

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.

7.

The bail application is allowed.

8.

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.

9.

This bail order be forwarded to concerned Court as well as the concerned jail through e-mail also.