X VS State of Uttarakhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

RAVINDRA MAITHANI
X – Appellant
Versus
State of Uttarakhand – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Mr. Dinesh Chandra Joshi, Advocate
For the Respondent-State: Ms. Manisha Rana Singh, A.G.A.

JUDGMENT (ORAL)

Applicant is in judicial custody in Case Crime No.0317 of 2022, under Sections 376(3), 506 IPC and Section 5(j)(ii)/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station-Haldwani, District-Nainital. He has sought his release on bail.

2. Heard learned counsel for the parties and perused the record.

3. According to the FIR, the informant along with her family was staying in a rented accommodation. The applicant was also their neighbourer. The applicant used to molest the niece of the informant. The family members of the applicant were told about it, but nothing changed. When it was detected that the victim was pregnant for six months, she revealed that it is the applicant, who established physical relations with the victim 4/5 times, and threatened her to life in case she reveals it to anyone. The victim was 15 years of age.

4. The applicant was a Child in Conflict with Law (“CIL”). He moved an application for bail before the Juvenile Justice Board, Haldwani, Nainital (“JJ Board”), which was rejected on 22.07.2022. It so happened that on 07.10.2022, the JJ Board conducted preliminary assessment under Section 15 of the Juvenile Justice (Care an

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