HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No.1332 of 2024 Salman …..….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Ms. Neetu Singh, Advocate for the applicant. Ms. Rangoli Purohit, Brief Holder for the State. Hon’ble Ravindra Maithani, J. (Oral) The applicant is in judicial custody in FIR/Case Crime No.316 of 2023, dated 30.05.2023, under Sections 363, 376-A, 376(2)(n), 376(3), 323, 506 IPC and Sections 5(l)/6, 16/17 of the Protection of Children from Sexual Offences Act, 2012, Police Station Jhabrera, District Haridwar. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. According to the FIR, the victim, a young girl was kidnapped by the applicant and the co-accused on 30.05.2023. 4. Learned counsel for the applicant would submit that the applicant and the victim, both were in relationship for the last three years; the co-accused has 2 already been granted bail. Learned counsel would submit that when medically examined by the doctor, as per the doctor, the victim was changing her statement quite frequently. 5. Learned State counsel would submit that the victim, in her statement recorded in the court has not stated that she was in relationship with the applicant. She would submit that the victim was a minor. She would submit that the Hotel Manger has also stated that the applicant and the victim stayed in hotel. 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. The co-accused, who was driving the motorcycle, has already been granted bail. The victim has been cross-examined and thereafter, statement is given during investigation. According to her, she did not tell it to the Investigating Officer that she was in relationship with the applicant for the last three years. She has also denied of having been given any statement to the 3 Investigating Officer that the applicant had told her to take her Mussoorie and fulfil her desire. 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. 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.) 07.04.2025 Sanjay