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(2024) Law Today Live Doc. Id. 20467
Decided on: 24.10.2024
Present:
Mr. Alok Kumar, Advocate for the applicant.
Mr. M.A. Khan, A.G.A. for the State.
Indian Penal Code, 1860 (45 of 1860), Sections 363, 366-A 376 (3) -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 3 (a), 4 (ii) – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- POCSO – Rape -- Regular bail -- According to the FIR, the applicant enticed the victim a young girl -- FIR records that the applicant has established physical relations with the victim -- Applicant and the victim, both are young and they were in romantic relationship -- Victim admitted that she was known to the applicant and they wanted to marry -- Father of the victim has also stated that the applicant and the victim both were in romantic relationship -- Bail allowed.
(Para 1-7)
JUDGMENT
RAVINDRA MAITHANI, J. (ORAL) –
Applicant is in judicial custody in FIR No. 413 of 2020, under Sections 363, 366-A 376 (3) IPC and Section 3 (a)/4 (ii) of the Protection of Children From Sexual Offences Act, 2012, Police Station Pathri, 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, on 23.12.2020, the applicant enticed the victim a young girl. They were caught by the informant and others. FIR records that the applicant has established physical relations with the victim.
4. Learned counsel for the applicant would submit that the applicant and the victim, both are young. They were in romantic relationship. He would submit that the victim has already been examined at trial. She has admitted that she was known to the applicant and they wanted to marry. He would also submit that the informant, who is father of the victim has also stated that the applicant and the victim both were in romantic relationship.
5. Learned State counsel admits these facts.
6. Having considered the facts and circumstances of the case, this Court is of the view that it is a case fit for bail and 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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