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2025 DAILYLAW 13406 (UTT)

AASH MOHAMMAD ALIAS AASU v. STATE OF UTTARAKHAND

BA1/2409/2024 · 2025-03-25

Alok Mahra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 25.03.2025 BAI No.2409 of 2024 Hon’ble Alok Mahra, J. Mr. Gaurav Singh, learned counsel for the applicant. 2. Mr. Deepak Bisht, learned Deputy Advocate General, for the State. 3. Applicant- Aash Mohammad @ Aasu, who is in judicial custody in connection with Case Crime/FIR No. 0447 of 2024, under Sections 363, 366, 376 IPC and under Section 3 (a)/4 of the Protection of Children from Sexual Offences Act, 2012, registered at Police Station Laksar, District Haridwar, has sought his release on bail. 4. Heard learned counsel for the parties and perused the material available on record. 5. Learned counsel for the applicant contends that as per the prosecution story, the age of the victim was 17 years and 10 months at the time of incident; the victim had made physical relationship with the applicant on her own consent, this fact is corroborated from the statement given by the victim under Section 161 Cr.P.C. and the statement given to the Doctor; in the Medical Examination, the victim herself has affirmed that she had gone along with the applicant on her own will and consent. Learned counsel for the applicant further submitted that in her cross-examination, the victim has stated that she remained in a Hotel at Haridwar, where the applicant had gone to take food for them, which took time about one hour, at that time, she was alone in the Hotel, but she did not raise any alarm. Thereafter, again the applicant had gone to take breakfast for them, but at that time too, the victim did not any raise alarm. 6. On the contrary, learned State Counsel vehemently opposed the bail and submitted that the victim in her statement under Section 164 Cr.P.C. before the Trial Court has stated that she was forced to come with the applicant; and the applicant had threatened the victim that if she will not accompany with him, he will consume poison and commit suicide. 7. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that application deserves bail at this stage. 8. Accordingly the bail application is allowed. 9. Let the applicant be released on bail, on his executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. (Alok Mahra, J.) 25.03.2025 Kaushal