High CourtsSingle Bench(2024) 10 UK CK 0117

Shivam Kumar vs State Of Uttarakhand

Uttarakhand High Court · Decided on 23 October 2024

HON’BLE JUDGES
Ravindra Maithani, J
RESULT
Allowed
CASE NUMBER
First Bail Application No. 2525 Of 2023

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Judgment

9 paragraphs · 188 words

Ravindra Maithani, J

1.

Applicant is in judicial custody in Case Crime No.111 of 2023, under Sections 363, 366, 376(3) IPC and 5/6 of Protection of Children from Sexual Offences Act, 2012, Police Station Kathgodam, District Nainital. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, the victim was found missing after the school hours on 27.07.2023. It was revealed that she was spotted with the applicant.

4.

Learned counsel for the applicant would submit that that the applicant and the victim both were in romantic relationship; the victim joined the company of the applicant on her own; she has stated so during trial.

5.

Learned State Counsel admits this fact.

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.