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Judgment
Ravindra Maithani, J
Applicant is in judicial custody in connection with Special Session Trial No.767 of 2022 in FIR No.388 of 2022, under Sections 328, 363, 366, 376(2n) IPC and Section 5(l)/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Sitarganj, District Udham Singh Nagar. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
According to the FIR, the applicant enticed the victim, a young girl in his house and gave her some intoxicating substance and thereafter raped her. He also took photographs of her and he continued to establish physical relations with the victim.
Learned counsel for the applicant would submit that, in fact, the applicant and the victim both were in romantic relationship. There was consensual relationship. They were to marry also, but somehow the marriage could not be solemnized. Thereafter, FIR has been lodged. He would refer to the statement of the victim. He would also submit that, in fact, there are whatsapp chats between the applicant and the victim to show that they were in romantic relationship. Reference has been made to some whatsapp chat that has been filed in the rejoinder affidavit.
Learned State Counsel admits that the victim and the applicant both were in romantic relationship, but he would submit that victim was a minor.
It is the stage of bail. Much of the discussion at this stage is not expected of. To the extent of appreciating the controversy, the matter may be examined with the caveat that any observation, made at this stage, shall have no bearing at any subsequent stage of the case.
The victim and the applicant both were in relationship and together visited many places. It is stated that the applicant took some photographs and on multiple occasions, he established physical relations with her.
Learned State counsel would give a statement that no photographs or videos were recovered.
Having considered, this Court is of the view that 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.