High CourtsSingle Bench(2022) 12 UK CK 0113

Mohd. Shakir vs State Of Uttarakhand

Uttarakhand High Court · Decided on 23 December 2022

HON’BLE JUDGES
Ravindra Maithani, J
RESULT
Allowed
CASE NUMBER
First Bail Application No. 1209 Of 2022

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Judgment

9 paragraphs · 203 words

Ravindra Maithani, J

1.

Applicant Mohd. Shakir is in judicial custody in FIR No.31 of 2022, under Section 313 IPC and Section 16/17 of the Protection of Children from Sexual Offences Act, 2012, Police Station Kelakhera, District- Udham Singh Nagar. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

Learned counsel for the applicant would submit that the victim has not supported the prosecution case.

4.

In this case, the allegations were that in the hospital of the applicant, the foetus of the victim was got aborted. On 16.12.2022, the Court wanted to know from the learned State Counsel as to which documents have been recovered during investigation suggesting that the applicant committed offence in his hospital?

5.

Today learned State Counsel would submit that there is no such document.

6.

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.

7.

The bail application is allowed.

8.

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.