IMPORTANT POINT
The court established that in cases involving minors, the victim's consent and relationship dynamics can influence bail decisions, provided that safeguards against potential harm are implemented.

JUDGMENT :

(Ravindra Maithani, J.) :

Applicant is in judicial custody in FIR No.142 of 2022,, under Sections 363, 366, 376 IPC and Section 3(a)/4 of the Protection of Children from Sexual Offences Act, 2012, Police Station- Kankhal, District- Haridwar. He has sought his release on bail.

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

3. According to the FIR, the victim, a young girl of 17 years of age, had left her house on 25.04.2022, but she did not return. It was revealed that some Soniya had enticed her away.

4. Learned counsel for the applicant would submit that the applicant and the victim both were in relationship; the applicant is also a young boy of 28 years of age; the applicant and the victim visited various places together. He would refer to the statement of the victim under Section 164 of the Code of Criminal Procedure, 1973 (“the Code”) as well as her statement before the court, in which the victim has stated so. In fact, in her statement under Section 164 of the Code, the victim has stated that she was in romantic relationship with the applicant. They wanted to marry, but their family members were not agreeable. Therefore, they left their respective homes. This is what the victim has stated during trial.

5. Learned State Counsel admits that according to the victim, she was in romantic relationship with the applicant, although, he would submit that the victim was a minor.

6. In the cases of Mahesh Kumar v. State (NCT of Delhi), 2023 SCC OnLine Del 2634, Faizan Wahid Baig v. The State of Maharashtra, MANU/MHOR/62774/2022, Vijaylakshmi and another v. State and another, 2021 SCC OnLine Mad 317, Shri John Franklin Shylla v. State of Meghalaya & Anr., 2023 SCC OnLine Megh 303 and Ashik Ramjali Ansari v. State of Maharashtra and another, 2023 SCC OnLine Bom 1390, the Courts have either granted bail or quashed the proceedings or acquitted the accused in the cases like instant one.

7. Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

8. The bail application is allowed.

9. 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, subject to the following conditions:-

(i) The applicant or any of his relatives shall not make any contact with the victim, in any manner, whatsoever, either physically, electronically or by any other means.

(ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer and the applicant should not tamper with evidence.