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2024 DIGILAW 345 (UTT)

Ashish Kumar v. State of Uttarakhand

2024-05-16

RAVINDRA MAITHANI

body2024
JUDGMENT : RAVINDRA MAITHANI, J. 1. Applicant Ashish Kumar is in judicial custody in connection with Special Sessions Trial No. 12 of 2023 in Case Crime No. 01 of 2023, under Section 376 (3), 323 IPC and Section 3/4 of the Protection of Children From Sexual Offences Act, 2012, Police Station Patti Dabralsyun-4, Tehsil Lansdown, District Pauri Garhwal. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. According to the FIR, the applicant enticed the victim, a young girl of 14 years. He was caught by the informant and others and was taken to Patwari Chowki. 4. Learned counsel for the applicant would submit that the age of the victim is doubtful. She would submit that the applicant and the victim both were in the relationship. 5. Learned State counsel would submit that the victim is a child. She has stated that forcible the applicant took her along with him. 6. It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial or in any other proceedings. 7. It is admitted that in her statement recorded under Section 164 of the Code of Criminal Procedure, 1973 (“the Code”), the victim has stated that she and the applicant, both were in relationship and they wanted to marry each other. 8. In the cases of Mahesh Kumar v. State (NCT of Delhi), 2023 SCC Online Del 2634, Faizan Wahid Baig v. State of Maharashtra, MANU/MHOR/62774/2022, Vijaylakshmi and Another v. State and Another, 2021 SCC Online Mad 317, Shri John Franklin Shylla v. State of Meghalaya and Another, 2023 SCC Online Megh 303 and Ashik Ramjali Ansari v. State of Maharashtra and Another, 2023 SCC Online Bom 1390, the Courts have either granted bail or quashed the proceedings or acquitted the accused in the cases like instant one. 9. Having considered, this Court is of the view that subject to certain conditions, the applicant may be enlarged on bail. 10. The bail application is allowed. 11. 9. Having considered, this Court is of the view that subject to certain conditions, the applicant may be enlarged on bail. 10. The bail application is allowed. 11. 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, subject to the following conditions: (i) The applicant or any of his relatives shall not make any contact with the victim, in any manner, whatsoever, either physically, electronically or by any other means. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer and the applicant should not tamper with evidence.