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2025 DAILYLAW 3732 (UTT)

ANUJ v. STATE OF UTTARAKHAND

BA2/50/2025 · 2025-05-16

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Second Bail Application No. 50 of 2025 Anuj ..….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Bilal Ahmed, Advocate for the applicant. Ms. Manisha Rana Singh, Deputy Advocate General for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant is in judicial custody Case Crime No. 279 of 2023, under Sections 363, 366, 376(3) IPC and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012, P.S. Ranipur, District Haridwar. He has sought his release on bail. 2. This is second bail application of the applicant. His first bail application was dismissed in non-prosecution on 03.05.2024. 3. Heard learned counsel for the parties and perused the record. 4. According to the FIR, the applicant along with the co-accused enticed the daughter of the applicant, a young girl, and took her away with them. 5. Learned counsel for the applicant would submit that the applicant and the victim both were in relationship; that is what the victim has stated in her statement during investigation and, in fact, in the cross-examination during trial, she has also stated that she was known to the applicant. 2 6. Learned State Counsel would submit that during investigation though the victim has stated that she was known to the applicant and they both ran together, in the court, the victim has stated that she was taken away from her house under some pretext. 7. It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial, or in any other proceeding. 8. During investigation, admittedly, the victim has stated that she was in relationship with the applicant and she went along with the applicant at her own. But, in Court she did not state so. The fact remains that in her cross-examination during trial, she has stated that she is known to the applicant and when the applicant called her, she left the house at her own. 9. 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. 10. The bail application is allowed. 11. 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.) 16.05.2025 Avneet/