High CourtsSingle Bench

Sonu Gihar vs State of Uttarakhand

Uttarakhand High Court · Decided on 31 August 2018 · Citation: (2018) 08 UK CK 0207

HON’BLE JUDGES
Sudhanshu Dhulia, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section, 363, 376, 506 · Protection of Children from Sexual Offences Act, 2012 — Section 5, 6
RESULT
Allowed
CASE NUMBER
First Bail Application No.679 of 2018
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Judgment

12 paragraphs · 209 words

Sudhanshu Dhulia, J. (Oral)

Heard Mr. Kishore Kumar, Advocate for the applicant and Mr. Pankaj Joshi, Brief Holder for the State.

The applicant is in jail having been implicated in FIR No.436 of 2017, which has been registered under Sections 363/376 and 506 of IPC and under

Section 5/6 of the Protection of Children from Sexual Offences Act, at Police Station Khatima, District Udham Singh Nagar.

Learned counsel for the applicant submits that the applicant and the prosecutrix were in love. As per the prosecution, the age of the girl is 14 years.

The age of the applicant is also allegedly 17 years and he is in jail since 02.01.2018.

Considering the overall facts and circumstances of the case and the age of the applicant, a case for bail is made out. 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.