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2016 DIGILAW 299 (UTT)

HADISH v. STATE OF UTTARAKHAND

2016-07-01

SUDHANSHU DHULIA

body2016
JUDGMENT Hon’ble Sudhanshu Dhulia, J. Heard Mr. D.N.Sharma, Advocate for the applicant and Mr. H.O.Bhakuni, AGA with Ms. Geeta Parihar, Brief Holder, for the State of Uttarakhand. 2. The applicant is in jail having been implicated in FIR No. 31 of 2016, which has been registered under Sections 363/366/376 (2)(i)/ 506 of IPC and under Section 5/6 of the Protection of Children from Sexual Offences Act, at Police Station-Khatima, District-Udham Singh Nagar. 3. The allegation against the present applicant is that he had kidnapped a 12 year girl, namely, Diksha. According to the applicant, the alleged victim was in love with him and she has categorically stated in her statement given under Section 164 of Cr.P.C., that she accompanied with the applicant with her own free will. The applicant is in jail since 07.02.2016. 4. Considering the overall evidence, which is presently available before this Court, prima facie, the applicant has been able to make out a case for bail. The bail application is allowed accordingly. 5. Let the applicant be enlarged on bail in the aforesaid crime on his executing a personal bond and two reliable sureties each of the equal amount to the satisfaction of the Magistrate concerned. 6. It is made clear that any observations made by this Court are only for the purposes of grant of bail. It shall not be taken into consideration at all in any other proceedings.