Ravindra Maithani, J
1. Applicant is in judicial custody in FIR No. 265 of 2020, under Section 363, 366 IPC, Police Station Mukhani, District Nainital. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. The victim left her home on 27.11.2020 at 5:00 p.m. A missing report was lodged. Subsequently, the victim was recovered when she was with the applicant.
4. Learned counsel for the applicant would submit that during investigation, after her recovery, the victim told that her step-father did galat-kaam with her. Her mother would beat her up, taunt her and fractured her hand. The applicant has got her medically examined. She told that she persuaded the applicant to take her away from her home. The applicant did not commit anything with her. It is argued that in the trial, the victim just changed the statement and while exonerating her step father, for the first time, levelled allegation of sexual assault against the applicant. It is argued that the statement of the victim is not reliable.
5. Learned counsel admits these factual positions.
6. It is the 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. During investigation, the victim has stated that she on her own left her home and joined the company of the applicant. In fact, in her statement under Section 164 of the Code of Criminal Procedure, 1973, she has stated that she forced the applicant to join her company, but in the court, the victim did not level any allegation against her step father instead she levelled allegations against the applicant alone. The statements of the victim are much wavering.
8. Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail.
9. The bail application is allowed.
10. 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.
