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2016 DIGILAW 285 (UTT)

RAM SINGH v. STATE OF UTTARAKHAND

2016-06-29

SUDHANSHU DHULIA

body2016
JUDGMENT Hon’ble Sudhanshu Dhulia, J. Heard Mr. G.S. Negi, learned counsel for the applicant, Mr. A.S. Gill, Deputy Advocate General with Mr. D.K. Bankoti, learned Brief Holder for the State and perused the records. 2. The applicant is in jail being implicated in F.I.R. No. 96 of 2015, which has been registered under Sections 363/366/376/504 of I.P.C. and 3/4 Protection of Children from Sexual Offence Act, P.S. Sitarganj, District Udham Singh Nagar. 3. The First Information Report has been lodged by the father of victim/girl. The allegation against the present applicant is that he seduced the daughter of the complainant and made physical relations with her on the pretext of marriage. In her statements, recorded under Sections 161 and 164 of Cr.P.C., she has categorically stated that she had gone with the applicant on her own free will and also made physical relationship. The applicant is in jail since 15.06.2016. 4. Considering the overall facts and circumstances of the case as well as other evidence available on record, the applicant has been able to make out a case for bail. The bail application is accordingly allowed. 5. Let the applicant (Ram Singh) be enlarged on bail in the aforesaid crime on his executing a personal bond and two reliable sureties of the equal amount to the satisfaction of the court concerned. 6. It is made clear that any observations made by this Court are only for the purposes of disposal of the bail application. It shall not be taken into consideration at all in any other proceedings.