Taufik Ahmad vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Taufik Ahmad is in judicial custody in FIR No. 133 of 2023, under Sections 363, 366A, 376, 323, 506 IPC and Section 5/6 of Protection of Children From Sexual Offences Act, 2012, Police Station Jaspur, District Udham Singh Nagar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

The victim a young girl aged 17 years had left her house on 31.03.2023 at 9:00 in the morning for school, but she did not return. Subsequently, she was found abandoned on a road side by the Police. It is the case that the applicant called her under some pretext and forcibly took her at various places and established physical relations with her. She was threatened also and finally, the applicant tried to kill her and left her in abandoned state.

Learned counsel for the applicant would submit that at all stages, the victim’s statements are inconsistent. To the doctor, she did not reveal as to what had happened to her. In her statement under Section 161 of the Code of Criminal Procedure, 1973, she did not reveal what she has stated in the court. It is argued that the applicant is married to the cousin of the victim. There is a matrimonial discord between them. Hence, it is a case fit for bail.

Learned State counsel would submit that the victim has throughout supported the prosecution case.

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 proceedings.

The statement of the victim was recorded during investigation. The medical report is also before the Court. In her examination before the court, the victim has stated as to what had happened to her. According to her, the victim under some pretext called by the applicant and thereafter, forcibly took her at various places. She is minor. She is 17 years of age. Even if the part of consent is added, still there remains an element of offence. The victim is a child. The applicant is already married to her cousin. It is not an isolated act. What the victim has stated is that the applicant took her at various and finally, tried to kill her and abandoned her. The police was informed. There is evidence on record which tells that upon a call having been received, the police reached at a place and found the victim in abandoned state.

Having considered, this Court is of the view that there is no ground to enlarge the applicant on bail. Accordingly, the bail application deserves to be rejected.

The bail application is rejected.