Ravindra Maithani, J
1. Applicant Arun is in judicial custody in FIR/Case Crime No.605 of 2023, under Sections 376(3), 314 IPC & Section 5j(ii)(iv)/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station SIDCUL, 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 of 15 years of age, in a critical condition, was admitted in hospital. She could not give a dying declaration. Her mother revealed that she was unwell. She was given some medicines. It was revealed that she was pregnant and had taken medicines for abortion. The mother of the victim had revealed that, in fact, the victim was talking with co-accused Chhotu. They might have established relationship due to which the victim has impregnated. Subsequently, she died.
4. Learned counsel for the applicant would submit that the foetus of the victim was sent for forensic examination and it is positive qua co-accused Chhotu. It is argued that the applicant has been implicated merely on the statement of co-accused Chhotu.
5. Learned State Counsel admits that in the FIR also, the allegations are against co-accused Chhotu and the forensic report reveals that the co-accused was biological father of the foetus of the deceased.
6. 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.
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.
