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2025 DAILYLAW 10766 (UTT)

ANKIT v. STATE OF UTTARAKHAND

BA1/1659/2024 · 2025-01-03

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No.1659 of 2024 Ankit ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Nipush Mola Joshi, Advocate for the applicant. Ms. Manisha Rana Singh, AGA for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant is in judicial custody in Case Crime No.110 of 2024, under Sections 376, 363, 366 IPC and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012, Police Station Kashipur, Udham Singh Nagar. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. According to the FIR, on 04.03.2024, the victim, a young girl of 15 years had left her home to write her examination, but she did not appear in the examination. Subsequently, she was recovered and she revealed that it is the applicant who raped her. 4. Learned counsel for the applicant would submit that it is a consensual relations; reference has been made to Annexure-2 having some letters and photographs. 2 5. Learned State Counsel would submit that victim has already been examined during trial and she has supported the prosecution case. 6. The victim has already been examined as PW1. She has not been confronted with any letter like Annexure-2 or photographs. She has not even been suggested that the relationship was consensual. In fact, what is suggested is that it is a false case. The victim is 15 years of age. 7. Having considered, this Court is of the view that there is no ground to enlarge the applicant on bail. Accordingly, the bail application deserves to be rejected. 8. The bail application is rejected. (Ravindra Maithani, J) 03.01.2025 Ravi