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2025 DAILYLAW 13390 (UTT)

SUKHVINDER v. STATE OF UTTARAKHAND

BA1/2408/2024 · 2025-02-18

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No.2408 of 2024 Sukhvinder ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Vikas Anand, Advocate for the applicant. Mr. Pankaj Kumar Joshi, A.G.A. for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant is in judicial custody in FIR No. 248 of 2024, under Section 137 (2), 352, 96 and 64 of the Bhartiya Nyaya Sanhita, 2023 and Section 3/4 of the Protection of Children From Sexual Offences Act, 2012, Police Station Dineshpur, District Udham Singh Nagar. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. Learned counsel for the applicant would submit that the victim has been examined under Section 183 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (“BNSS”), but she has not supported the prosecution case. He has referred to the certified copy of the statement of the victim recorded under Section 183 of the BNSS. 4. This fact is admitted by the learned State counsel. It makes out a case for bail. 2 5. Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 6. The bail application is allowed. 7. 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) 18.02.2025 Jitendra