Nakul vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Nakul is in judicial custody in FIR No.225 of 2023, under Sections 363, 366A, 376 IPC and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station- Kashipur, 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, on 04.03.2023, at about 11:30 AM, the co-accused enticed the victim, a young girl from her house and did not return her, even when he was required to do so. He threatened the informant. There are various allegations in the FIR.

Learned counsel for the applicant would submit that the victim is major; she had left her house on her own; she has examined during trial, where she revealed her age as 21 years, and has stated that she and the applicant both are married.

Learned State Counsel would submit that the victim is minor, though she has stated her age as 21 years when examined in the court. She admits that the victim has stated that she and the applicant 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.