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2023 DIGILAW 120 (UTT)

Pawan Kumar v. State of Uttarakhand

2023-01-20

RAVINDRA MAITHANI

body2023
JUDGMENT Ravindra Maithani, J. - Applicant Pawan Kumar is in judicial custody in FIR/Case Crime No.326 of 2022, under Sections 363, 366, 376(3) IPC and Sections 3/4 and 11/12 of the Protection of Children from Sexual Offences Act, 2012, Police Station Kankhal, District Haridwar. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. Learned counsel for the applicant would submit that the victim has not supported the prosecution case at trial and she has been declared hostile. It is also submitted that there is no forensic, electronic or biological evidence against the applicant. 4. Learned State counsel admits the factual aspects, as argued on behalf of the applicant. It makes out the case for bail. 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.