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2024 Supreme(UK) 195

RAVINDRA MAITHANI
Raju Bundela – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Applicant : Mr. Vaibhav Singh Chauhan.
For the Respondent: Mr. V.S. Rawat, A.G.A.

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 ho

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