Abdul Samad vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in FIR/Case Crime No.173 of 2024, under Sections 363, 376 & 506 IPC and 5(l)/6 of the Prevention of Children from Sexual Offences Act, 2012, Police Station Vikasnagar, District Dehradun. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 21.05.2024 at 1:45 in the noon, the applicant was trying to take the victim forcibly with him. The victim is a girl of 17 years of age.

Learned counsel for the applicant would submit that the victim and the applicant, both are young and they were in romantic relationship. They were sitting together and gossiping on multiple occasions. But when they were spotted, the FIR was lodged. He would submit that their relationship was friendly and whatever act is attributed, it is a consensual act.

Learned State counsel admits that according to the victim, she was in romantic relationship with the applicant.

In the cases of Mahesh Kumar v. State (NCT of Delhi), 2023 SCC OnLine Del 2634, Faizan Wahid Baig v. The State of Maharashtra, MANU/MHOR/62774/2022, Vijaylakshmi and another v. State and another, 2021 SCC OnLine Mad 317, Shri John Franklin Shylla v. State of Meghalaya & Anr., 2023 SCC OnLine Megh 303 and Ashik Ramjali Ansari v. State of Maharashtra and another, 2023 SCC OnLine Bom 1390, the Courts have either granted bail or quashed the proceedings or acquitted the accused in the cases like instant one.

Having considered, this Court is of the view that the applicant may 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.