High CourtsSingle Bench

Vijay vs State Of Uttarakhand

Uttarakhand High Court · Decided on 23 October 2024 · Citation: (2024) 10 UK CK 0116

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 363, 366, 376(2)(n) · Protection Of Children From Sexual Offences Act, 2012 — Section 5(n), 6 · Code Of Criminal Procedure, 1973 — Section 164
RESULT
Allowed
CASE NUMBER
First Bail Application No. 1591 Of 2024
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Judgment

9 paragraphs · 238 words

Ravindra Maithani, J

1.

Applicant is in judicial custody in Case Crime No.209 of 2024, under Sections 363, 366, 376(2)(n) IPC and Section 5(n)/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station- Piran Kaliyar, District-Haridwar. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, on 23.05.2024, at 7:30, in the morning, the victim had left her home for school, but she did not return. It was revealed that it is the applicant, who enticed the victim and took her. The applicant was apprehended with the help of the police.

4.

Learned counsel for the applicant would submit that the applicant and the victim both are young; they were in romantic relationship. This is what the victim has stated during investigation in her statement under Section 164 of the Code of Criminal Procedure, 1973 and the time of medical examination also.

5.

This fact is admitted by learned State Counsel as well as learned counsel for the informant.

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 in the like amount, to the satisfaction of the court concerned.