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2025 DAILYLAW 12316 (UTT)

HUSAIN KHAN ALIAS SADAM v. STATE OF UTTARAKHAND

BA1/1917/2024 · 2025-05-02

Alok Mahra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA1 No. 1917 of 2024 Hon’ble Alok Mahra, J. Mr. Subhash Chandr Burman, learned counsel for the applicant. 2. Mr. S.S. Chauhan, learned Deputy Advocate General for the State. 3. The applicant – Husain Khan @ Sadam, who is in judicial custody in connection with FIR/Case Crime No. 41 of 2024, under Sections 363, 366A, 376(3) of IPC and Section 3/4 (2) of POCSO Act, registered at P.S.- Sahaspur, District Dehradun, has sought his release on bail. 4. Heard learned counsel for the parties and perused the records. 5. Learned counsel for the applicant would submit that the prosecutrix in her statement given under Section 161 Cr.P.C. as well as Section 164 Cr.P.C., have submitted that she went with the accused on her own sweet will and they stayed at different places after leaving Dharmawala. First they reached Delhi and stayed there for one night and the next day, reached to Sonipat, where they stayed for a night in a hotel and whatever physical relation was made during this stay, was not done forcefully, but, by a mutual consent. Learned counsel also submits that statement of the prosecutrix are not supported by the medical report of the prosecutrix. 6. Learned State Counsel, on the other hand, has vehemently opposed the bail application. 7. Having considered the submissions, under the facts and circumstances of the case, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 8. Accordingly, the bail application is allowed. 9. 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. (Alok Mahra J.) 02.05.2025 Ujjwal