Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
Third Bail Application No.78 of 2024 Rohan
…..….....Applicant Versus State of Uttarakhand
….….Respondent Present:- Mr. Prem Kaushal, Advocate for the applicant. Mr. Akshay Latwal, Brief Holder for the State.
Hon’ble Ravindra Maithani, J. (Oral)
The applicant is in judicial custody in FIR/Case Crime No.107 of 2022, dated 31.01.2022, under Sections 363, 366(a), 376(3), 120-B IPC and Sections 3(a)/4(ii), 5(l)/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Kotwali Jwalapur, District Haridwar. He has sought his release on bail. It is the third bail application of the applicant. His first and second bail applications have already been rejected on 21.03.2023 and 06.01.2024 respectively.
2.
Heard learned counsel for the parties and perused the record.
3.
According to the FIR, the applicant enticed the victim, a young girl from her lawful custody. On
2 01.01.2024, the FIR was lodged by the father of the victim.
4.
Learned counsel for the applicant would submit that the applicant and the victim, both were in romantic relationship; they both had left their respective homes by their own; they both were young; the victim has already been examined.
5.
Learned State counsel admits that the chats that have been filed are genuine.
6.
The victim has already been examined in the case. She has stated that she and the applicant, both came close to each other through some social media app and they befriended each other, though she has stated that subsequently, the applicant established physical relations with her forcibly. The victim has stated that she was in relationship with the applicant. They both visited various places.
7.
Having considered this and other attending
facts, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
8.
The bail application is allowed.
3
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.
(Ravindra Maithani, J.)
11.02.2025 Sanjay