Ravindra Maithani, J
1. Applicant is in judicial custody in FIR No. 186 of 2023, under Section 376 (2)(n) and 506 IPC and Section 5 (l)/6 of the Protection of Children From
Sexual Offences Act, 2012, Police Station Mukhani, District Nainital. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. It is argued that the victim of the instant case and the victim of the FIR No. 187 of 2023, Police Station Mukhani, District Nainital, both had gone
with the applicant and the accused of the FIR No. 187 of 2013, Police Station Mukhani, District Nainital. The victim and the applicant were in
relationship. The accused in FIR No. 187 of 2013, Police Station Mukhani, District Nainital has already been granted bail by this Court in First Bail
Application No. 771 of 2024.
4. Learned State counsel would submit that the applicant and the victim were talking to each other. She would submit that the victim has admitted that
she was talking to the applicant, but the applicant established physical relations with her after making her to consume beer.
5. The victim has already been examined in the court. According to her, she alongwith one of her friends has gone alongwith the applicant and one
Rizwan, who is an accused in FIR No. 187 of 2013, Police Station Mukhani, District Nainital. FIR No. 187 of 2013 has similar kind of allegations.
Rizwan has already been granted bail.
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.
