High CourtsSingle Bench

Umesh vs State Of Uttarakhand

Uttarakhand High Court · Decided on 2 July 2024 · Citation: (2024) 07 UK CK 0035

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 363, 376 · Protection Of Children From Sexual Offences Act, 2012 — Section 5, 6
RESULT
Allowed
CASE NUMBER
First Bail Application No. 1231 of 2024
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Judgment

9 paragraphs · 213 words

Ravindra Maithani, J

1.

Applicant is in judicial custody in FIR No.17 of 2024, under Sections 363, 376 IPC and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Kiccha, District Udham Singh Nagar. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, the victim, a young girl, left her house on 06.01.2024, at 5:30 PM, but she did not return. Subsequently, it was revealed that the applicant enticed her and took her away.

4.

Learned counsel for the applicant would submit that the victim as well as the informant has been examined at trial as PW1 and PW2, respectively, and they have not supported the prosecution case; they have been declared hostile and there is no other evidence against the applicant.

5.

This fact is admitted by learned State Counsel.

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.