HIGH COURT OF UTTARAKHAND AT NAINITAL Third Bail Application No.27 of 2025 Saurabh Kumar ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Amar Murti Shukla, Advocate for the applicant. Ms. Rangoli Purohit, Brief Holder for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant is in judicial custody in FIR No. 01 of 2022, under Section 363, 366-A, 376 IPC and Section 5 (1)/6 and section 11/12 of the Protection of Children From Sexual Offences Act, 2012, Police Station Challani Thana Revenue Area Doba, District Almora. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. This is third bail application of the applicant. His first bail application was dismissed on merits on 24.11.2022. His second bail application was rejected on 16.10.2023. 4. According to the FIR, on 29.05.2022, the applicant enticed the victim, a girl child. 5. Learned counsel for the applicant submits that the victim is a minor; this aspect was never considered. He would submit that otherwise the victim is a consented party. She on her left to join the company of the applicant. He would refer to the statement of the father of the victim wherein he has stated that in the school record, he has got wrong age recorded. Reference has been made to various part of the 2 statement of PW2, the father of the victim. He would submit that Principal of the college merely stated that in the transfer certificate, date of birth of the victim is recorded, but what is the basis of certificate, it is not clear. 6. Learned State counsel submits that according to the victim, she is minor. She also submits that according to the Principal also, the victim was minor on the date of incident. Though, she admits that merely based on the previous transfer certificate, the age of the victim was recorded in the transfer certificate by the Principal, who appeared as a witness. She also admits that the father of the victim has stated that the victim was born in the year 2003 and not in the year 2006. He has reduced the age of the in the school record. 7. 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. 8. The bail application is allowed. 9. 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) 31.07.2025 Jitendra