Ravindra Maithani, J
1. Applicant is in judicial custody in FIR No. 421 of 2021, under Section 376 (3), 452, 506 IPC and Section 5 (m)/6 of the Protection of Children From
Sexual Offences Act, 2012, Police Station Rudrapur, District Udham Singh Nagar. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, on 04.07.2021 at 8:00 p.m., when the informant returned her home after days work, she found her daughter crying. When
she asked, the victim revealed that the applicant had done jabardasti with her; he had done jabardasti thrice earlier also.
4. Learned counsel for the applicant would submit that the applicant is in custody since 03.07.2021. The prosecution has yet not concluded the
evidence. There are statements of the victim. In her statement recorded under Section 164 of the Code of Criminal Procedure, 1973 (“the
Codeâ€), she did not reveal any sexual act by the applicant. The FIR is delayed by eight days. It is submitted that the victim, the doctors and the
informant, all have already been examined. Therefore, it is a case fit for bail.
5. Learned State counsel would submit that the victim has supported the prosecution case.
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. Delay in such cases is not always fatal to the prosecution case, but its effect has to be seen during trial. It is true that in her statement under
Section 164 of the Code, the victim has not stated any sexual assault that has been made by the applicant. FIR of the incident was lodged on
12.07.2021, where according to the FIR, the incident took place on 04.07.2021.
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.
