Amir vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in FIR/Case Crime No.1057 of 2022, under Sections 363, 366, 376(2)(n) IPC & Section 5(l)/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Manglour, District Haridwar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 12.09.2022, the victim left her house for tuition, but she did not return. The FIR was lodged suspecting that this is the applicant who took the victim along with him. The first bail application has already been rejected on 20.11.2023.

Learned counsel for the applicant would submit that the applicant and the victim both were in romantic relationship; both were young.

This fact has been admitted by the learned State Counsel.

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 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.