Arun Kumar vs State Of Uttarakhand

Ravindra Maithani, J

Delay in filing counter affidavit is condoned. Counter affidavit is taken on record. Delay Condonation Application IA No.1 of 2024 stands disposed of, accordingly.

Applicant Arun Kumar is in judicial custody in Case Crime No.750 of 2023 (Special Sessions Trial No.189 of 2023, State Vs. Arun Kumar), 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-Kotwali-Laksar District- Haridwar. 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 of 16 years of age, and based on forged documents, solemnised marriage with her, which was registered also.

Learned counsel for the applicant would submit that it is not a case of rape or forgery; the victim is legally wedded wife of the applicant.

Learned State Counsel would submit that the victim is a minor, although, she admits that as per the prosecution also, the applicant and the victim both are married.

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.