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Judgment
Ravindra Maithani, J
Applicant is in judicial custody in FIR No.230 of 2023, under Sections 363, 366, 376 IPC and Sections 3/4 of the Protection of Children from Sexual Offences Act, 2012, Police Station Dineshpur, District Udham Singh Nagar. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
Learned counsel for the applicant would submit that the victim has already been examined at trial. She has not supported the prosecution case. She has been declared hostile. Learned counsel would submit that there is no forensic and pathological report against the applicant.
Learned State Counsel admits this fact.
Having considered, this Court is of the view that subject to certain conditions, the applicant may 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.