Mustkeem vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in FIR No.23 of 2024, under Sections 377, 323, 34 IPC and Sections 9(d)/10 & 16/17 of the Protection of Children from Sexual Offences Act, 2012, Police Station Transit Camp, 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, a young boy of four years was taken inside a shop, where it is stated that the co-accused inserted his finger in his anus. One co-accused started making video and the applicant slapped the victim. The victim revealed the incident to his grandmother.

Learned counsel for the applicant would submit that in the FIR, the only role assigned to the applicant is that he slapped the victim and this is what the victim has stated in his statement given to the Investigating Officer. Though, he would submit that in his statement recorded under Section 164 of the Code of Criminal Procedure, 1973, the victim has stated that the applicant had also bite at his cheeks, but he would submit that there is no injury as such. It is also submitted that another co-accused who was making video has already been granted bail.

These factual aspects have not been denied by the learned State counsel.

Having considered the entirety of facts, 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.