Tajjamul vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Tajjamul is in judicial custody in FIR No.113 of 2023, under Sections 376(3), 506 IPC and Section 5(j)(ii), 6 of the Protection of Children from Sexual offences Act, 2012, Police Station Banbhoolpura, District Nainital. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 02.05.2023, the victim had a stomach ache. His brother enquired about it and took her to hospital. It was revealed that the victim is pregnant for 8 months. She revealed that it is the applicant, who had established physical relations with her and threatened her to life, in case she reveals it to anyone.

Learned counsel for the applicant would submit that the victim has already delivered a child. The DNA report is not on record. It is argued that the case is not reliable, because, as per the victim, the incident took place eight months prior to lodging of the FIR

Learned State Counsel would submit that the victim has supported the prosecution case during investigation or at trial. She has been examined and the applicant did not choose to cross examine her.

It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial, or in any other proceeding.

It is a case of sexual assault on a young girl. She was pregnant when it was detected. She revealed that it is the applicant, who raped her. The victim has supported the prosecution case at trial.

Having considered, this Court does not see any ground, which may entitle the applicant to bail. Accordingly, the bail application deserves to be rejected.

The bail application is rejected.