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(2024) Law Today Live Doc. Id. 19590
Decided on: 08.10.2024
Present:
Mr. Deepak Petshali, Advocate for the applicant.
Mr. M.A. Khan, A.G.A. for the State.
Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 3(a), 4(2), 5 (n), 6 – Indian Penal Code, 1860 (45 of 1860), Section 363, 366, 376(3), 376 (2)(n) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 164, 439 -- POCSO – Rape – Regular bail – Applicant submitted hat the victim in her examination u/s 164 of the Cr.P.C. has stated that she was known to the applicant and she on her own left her house and joined the company of the applicant and they did not establish any physical relationship -- These facts admitted by State -- Bail allowed.
(Para 4-7)
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RAVINDRA MAITHANI, J. (ORAL) –
Applicant is in judicial custody in FIR No. 33 of 2024, under Section 363, 366, 376(3), 376 (2)(n) IPC and Section 3(a), 4(2), 5 (n), 6 of the Protection of Children From Sexual Offences Act, 2012, Police Station Buggawala, 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 applicant enticed the victim, a young girl on 08.03.2024.
4. Learned counsel for the applicant would submit that the victim in her examination under Section 164 of the Code of Criminal Procedure, 1973 (“the Code”) has stated that she was known to the applicant and she on her own left her house and joined the company of the applicant and they did not establish any physical relationship.
5. These facts are admitted to learned State counsel.
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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