AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
9 paragraphs · 240 wordsRavindra Maithani, J
Applicant Vikrant Kunwar is in judicial custody in FIR No.0057 of 2023, under Sections 363, 366, 376(2)(n) IPC and Section 5(l)/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Bhowali, District- Nainital. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
According to the FIR, the victim left her house on 19.09.2023. She was 17 years of age.
Learned counsel for the applicant would submit that the victim has stated nothing against the applicant. In her statement under Section 164 of the Code of Criminal Procedure, 1973 (“the Code”), she has stated that she, on her own, had left her house and had returned on her own.
Learned State Counsel was required to verify the statement recorded under Section 164 of the Code, as filed as Annexure no.2 by the applicant. Learned State Counsel admits the statement of the victim recorded under Section 164 of the Code, in which she has not stated anything against the applicant.
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.
The bail application is allowed.
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.