Arjun Kashyap Vs State Of Uttarakhand

Uttarakhand High Court 11 Jul 2024 First Bail Application No. 1264 Of 2024 (2024) 07 UK CK 0071
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

First Bail Application No. 1264 Of 2024

Hon'ble Bench

Ravindra Maithani, J

Advocates

Gaurav Singh, M.A. Khan

Final Decision

Allowed

Acts Referred
  • Indian Penal Code, 1860 - Section 363, 366, 376(2)(n)
  • Protection Of Children From Sexual Offences Act, 2012 - Section 5(1), 6

Judgement Text

Translate:

Ravindra Maithani, J

1. Applicant is in judicial custody in FIR/Case Crime No.197 of 2022, under Sections 363, 366, 376(2)(n) IPC & Section 5(1)/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. Learned counsel for the applicant would submit that the victim has already been examined at trial. She has not supported the prosecution case. She

has been declared hostile. He would also submit that the informant has not also supported the prosecution case at trial. Learned counsel would submit

that there is no forensic or electronic evidence against the applicant.

4. Learned State Counsel admits these facts.

5. Having considered the health condition of the applicant and other factors, this Court is of the view that the applicant deserves to be enlarged on bail.

6. The bail application is allowed.

7. 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.

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