Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No. 2558 of 2024
Akshay Kumar
….....Applicant
Versus
State of Uttarakhand ….….Respondent
Present:- Mr. Abhishek Verma, Advocate for the applicant. Ms. Manisha Rana Singh, D.A.G. for the State.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant is in judicial custody in FIR No.529 of 2024, under Sections 363, 376(2)(n), 376(3) IPC, Sections 3(a)/4(2) and 5(l)/6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006, Police Station- Pathri, District- Haridwar. 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 applicant and the victim both were married on
18.10.2023. Their marriage is registered; when the victim had left her matrimonial home, the applicant filed a suit for Restitution of Conjugal Rights, and, thereafter, the FIR has been lodged; the marriage of the applicant and the victim is registered.
2
4.
These factual narrations are not denied by learned State Counsel. She would submit that the informant has already been informed about the pendency of the instant bail application.
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 in the like amount, to the satisfaction of the court concerned.
(Ravindra Maithani, J)
13.02.2025 Ravi Bisht