HIGH COURT OF UTTARAKHAND
Moh. Wasid vs State Of Uttarakhand
First Bail Application No 179 of 2024 On 15 March 2024
Hon'ble Judges: Ravindra Maithani
Case Type: First Bail Application
Final Decision: Application allowed
Advocates: Mani Kumar, Manisha Rana Singh
Citations:
2024 0 CJ(Utt) 2
ACTS REFERRED:
Protection Of Children From Sexual Offences Act, 2012, Section 6
Protection Of Children From Sexual Offences Act, 2012, Section 5
Indian Penal Code, 1860, Section 506
Indian Penal Code, 1860, Section 376
Indian Penal Code, 1860, Section 366A
Indian Penal Code, 1860, Section 363
(A) Indian Penal Code, 1860, Section 376, Section 506, Section 363, Section 366A - Punishment for rape - Punishment for criminal ,intimidation - Punishment for kidnapping - Procuration of minor girl(B) Protection Of Children From Sexual Offences Act, 2012, Section 6, Section 5
Judgement Text
1. Applicant Moh. Wasid is in judicial custody in FIR No. 214 of 2023, under Section 363, 366A, 376 & 506 IPC and Section 5 & 6 of the Protection of Children From Sexual Offences Act, 2012, Police Station Khatima, 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, the applicant forcibly took the victim with him to Delhi. That matter was settled between the parties. But again, the applicant took the victim to Nepal and there raped her on multiple occasions.
4. Learned counsel for the applicant would submit that victim has already been examined at the trial; she is major; she has not stated that the applicant established any physical relations with her. She has also stated that on her own had left with the applicant when she was major.
5. Learned State counsel admits these facts.
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
