Regular bail application in a case under Sections 363, 366A, 376 IPC and Sections 5/6 POCSO involving a minor victim. The victim, examined during trial, stated she was taken forcibly and subjected to physical relations against her will and consent. Bail was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No.323 of 2024
Ajeet Kumar ...Applicant Versus State of Uttarakhand ...Respondent
Present:-
Mr. Mohd. Safdar, Advocate for the applicant. Mr. V.S. Rawat, A.G.A. for the State.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant is in judicial custody in Case Crime No. 52 of 2023, under Sections 363, 366A, 376 IPC and Section 5/6 of the Protection of Children From Sexual Offences Act, 2012, Police Station Kichha, District Udham Singh Nagar. He has sought his release on bail.
2
date of birth of the victim is 07.12.2007. She was minor on the date of incident. The applicant forcibly took the victim and established physical relations with her. Reference has been to the statement of the PW2, the victim recorded during trial.
(Ravindra Maithani, J.) 23.10.2024
Jitendra
1 issue framed by the court
Whether the applicant should be enlarged on bail in a POCSO and IPC case where the minor victim's trial statement alleges forcible relations.
2 provisions across 2 enactments
Ajeet Kumar
State of Uttarakhand
Ravindra Maithani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
