HIGH COURT OF UTTARAKHAND AT NAINITAL Second Bail Application No.338 of 2024 Ajay Kumar ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Ms. Ruhani Sahani, Advocate for the applicant. Mr. Virendra Singh Rawat, AGA for the State. Hon’ble Ravindra Maithani, J. (Oral) The applicant is in judicial custody in FIR/Case Crime No.13 of 2024, dated 06.01.2024, under Sections 363, 376(2)(n), 376(3) IPC and Sections 5(l)/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station SIDCUL, District Haridwar. He has sought his release on bail. It is second bail application of the applicant. His first bail application has already been dismissed as withdrawn on 15.10.2024. 2. Heard learned counsel for the parties and perused the record. 3. According to the FIR, on 06.01.2024, the victim left her home, but did not return. According to the prosecution case, it is the applicant, who has enticed her. 4. Learned counsel for the applicant would submit that the informant has not supported the prosecution case during trial; the victim in her cross- 2 examination has categorically stated that the applicant has not established any physical relations with her forcibly. 5. Learned State counsel would submit that the victim has supported the prosecution case. 6. It is the stage of bail. Much of the discussion at this stage is to be avoided. To the extent of appreciating the controversy the matter may be examined with the caveat that any observation made at this stage shall have no bearing at any subsequent stage of the case. 7. According to the victim, she and the applicant, both were known to each other; they were friends and they talked over telephone; one day they left their respective homes to stay at various places, where they established physical relations; in cross-examination, the victim has stated that the applicant did not rape her. 8. 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. 9. The bail application is allowed. 3 10. 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.) 25.03.2025 Sanjay