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2025 DAILYLAW 12591 (UTT)

RAJESH v. STATE OF UTTARAKHAND

BA1/2008/2024 · 2025-01-06

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No.2008 of 2024 Rajesh ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Ms. Prabha Naithani, Advocate for the applicant. Mr. S.C. Dumka, A.G.A. for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant is in judicial custody in Case Crime No. 103 of 2023, under Sections 363, 366, 376 (3), 376 (2) (n) IPC and Section 3 (a)/4 (2), 5 (n)/ 6 of the Protection of Children From Sexual Offences Act, 2012, Police Station Buggawala, District Haridwar. 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 a young girl left her house on 08.12.2023 at 2:00 in the midnight. She was searched, but could not be traced out. 4. Learned counsel for the applicant would submit that the applicant is 21 years of age. The applicant and the victim both were in relationship. This is what the victim has stated in her statement under Section 164 of the Code of Criminal Procedure, 1973 (“the Code”). Reference has been made Annexure 3, which is statement of the victim under Section 164 of the Code. 2 5. These facts are admitted by learned State counsel. 6. Having considered the entirety of facts, 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. (Ravindra Maithani, J) 06.01.2025 Jitendra