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(2024) Law Today Live Doc. Id. 19591
Decided on: 08.10.2024
Present:
Mr. Gaurav Singh, Advocate for the applicant through video conferencing.
Mr. Vipul Painuly, Brief Holder for the State.
Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 3(a), 4(2), 5 (l), 6– Indian Penal Code, 1860 (45 of 1860), Section 363, 366, 376 (2) (n), 376 (3) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 161, 164, 439 -- POCSO – Rape – Regular bail – In statement u/s 161 and 164 of Cr.P.C., victim stated that the victim and the applicant both were in relationship and their relations were consensual – State submitted that the victim is a minor – Bail allowed.
(Para 4-7)
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RAVINDRA MAITHANI, J. (ORAL) –
Applicant is in judicial custody in FIR/Case Crime No. 187 of 2024, under Sections 363, 366, 376 (2) (n), 376 (3) IPC and Section 3(a)/4(2), 5 (l)/6 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. According to the FIR, the victim a young girl was found missing from her house on 26.06.2024.
4. Learned counsel for the applicant would submit that the applicant and the victim both were in relationship. They are young. The victim on her own left her house and joined the company of the applicant. They were in romantic relationship.
5. Learned State counsel would submit that as per the statements of the victim, recorded under Section 161 and 164 of the Code of Criminal Procedure, 1973, the victim and the applicant both were in relationship and their relations were consensual. But, he would submit that the victim is a minor.
6. Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail.
7. The bail application is allowed.
8. 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
Application allowed.
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