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Judgment
6 paragraphs · 269 wordsHeard Mr. Mohd. Azim, Advocate for the applicant and Mr. K.S. Rautela, Government Advocate assisted by Mr. Siddhartha Bisht, Brief Holder for the State.
This is the first bail application. The applicant is in jail having been implicated in Case Crime No. 19 of 2016, which has been registered under Sections 363 / 365 / 366A / 376 of IPC and Section 3 / 4 of the Protection of Children from Sexual Offences Act, at Police Station Khanpur, District Haridwar.
The allegation against the present applicant is of rape. According to the learned counsel for the applicant, the victim in her statement under Sections 161 as well as 164 CrPC has categorically stated that she is in love with the present applicant and they entered into physical relation with full consent.
Though apparently the age of the prosecutrix/victim as per the prosecution is 16 years but considering the age of the applicant i.e. 23 years and the statement of the victim under Sections 161 and 164 of CrPC, this Court is of the prima facie opinion that the applicant has been able to make out a case for bail. The bail application is accordingly allowed.
Let the applicant be enlarged on bail in the aforesaid crime on his executing a personal bond and two reliable sureties each of the equal amount to the satisfaction of the Magistrate concerned/court concerned.
It is made clear that any observations made by this Court are only for the purposes of deciding the bail application and shall not be taken into consideration at all in any other proceedings.