Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No.2156 of 2024
Noor Alam
….....Applicant
Versus
State of Uttarakhand ….….Respondent
Present:- Mr. Rajkumar Singh, 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. 02 of 2024, under Sections 363, 376 (2) (n), 376 (3), 504, 506 IPC and Section 5 (l)/6 of the Protection of Children From Sexual Offences Act, 2012, Police Station Lambgaon, District Tehri Garhwal. 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 left her home on 05.01.2024 on the pretext of going to her maternal uncle’s house. She did not reach there. When a search was made, she could not be traced. She was a young girl of 17 years.
4.
Learned counsel for the applicant would submit that the applicant and the victim both were talking to each other for a long. No offence as such is made out.
5.
Learned State counsel would submit that the victim has supported the prosecution case in her statements
2 under Section 161 and 164 of the Code of Criminal Procedure, 1973 (“the Code”) and she has been examined before the court.
6.
It is the stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial or in any other proceedings.
7.
It is not a case of romantic relationship. In her statement under section 164 of the Code, the victim has stated that she was talking to the applicant through some social media. The applicant called her Haridwar assuring her job. It is a prosecution case that when the victim reached Haridwar, the applicant forcibly established physical relations with the victim. This is what the victim has stated in the court.
8.
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.
9.
The bail application is rejected.
(Ravindra Maithani, J) 06.01.2025 Jitendra