AJAY vs STATE OF UTTARAKHAND - 2021 Supreme(UK) 710

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2021 Supreme(UK) 710

ALOK KUMAR VERMA
AJAY – Appellant
Versus
STATE OF UTTARAKHAND – Respondent

Advocates:
For the Applicant : Mr. Mani Kumar, Counsel
For the State : Mr. Dinesh Chauhan, Learned Brief Holder

JUDGMENT

Hon'ble Alok Kumar Verma, J.

This bail application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with FIR No.266 of 2019, registered with Police Station Gadarpur, District Udham Singh Nagar for the offence under Sections 366-A, 376 of IPC and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012.

2. On 08.011.2019, the informant lodged an FIR against the present applicant alleging therein that on 05.11.2019 at around 9:15 a.m., the present applicant enticed his daughter, aged about 13 years, and took her with him. She was searched. During the investigation, on 11.11.2019, the victim was recovered from the custody of the present applicant.

3. Heard Mr. Mani Kumar, the learned counsel for the applicant and Mr. Dinesh Chauhan, the learned Brief Holder for the State through video conferencing.

4. Mr. Mani Kumar, the learned counsel for the applicant submitted that during the trial, the alleged victim did not support the prosecution case. On 18.12.2020, the victim stated in her examination-in-chief that her age is 20 years and she herself went with the applicant and at that time she was major. A

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