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2025 DAILYLAW 7629 (UTT)

SHARIF v. STATE OF UTTARAKHAND

BA2/161/2024 · 2025-03-10

Ravindra Maithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF UTTARAKHAND AT NAINITAL Second Bail Application No. 161 of 2024 Sharif ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. D.N. Sharma, Advocate for the applicant. Mr. Pramod Tiwari, Brief Holder for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant Sharif is in judicial custody in FIR No. 155 of 2022, under Sections 363, 366, 376 IPC and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Transit Camp, District Udham Singh Nagar. He has sought his release on bail. 2. This is second bail application of the applicant. His first bail application has been rejected on 13.02.2023. 3. Learned counsel for the applicant would submit that there are changed circumstances; there is no forensic science laboratory report; both the applicant and the victim were in relationship; victim has so stated in her statement at trial; she has stated that she was in conversation with the applicant and she left her home on her own and joined the company of the applicant. 4. These facts are not disputed by the learned State Counsel. 2 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 of the like amount, to the satisfaction of the court concerned. (Ravindra Maithani, J) 10.03.2025 Avneet/