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2024 Supreme(UK) 397

RAVINDRA MAITHANI
Jabir – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Applicant :Ms. Prabha Nainthani, Advocate
For the Respondent: Ms. Manisha Rana Singh, AGA

JUDGMENT :

(Ravindra Maithani, J.) :

Applicant Jabir is in judicial custody in FIR/Case Crime No.782 of 2023, dated 17.10.2023, under Sections 376(3) IPC and Sections 3(a)/4 (2) of The Protection Of Children From Sexual Offences Act, 2012, Police Station Jwalapur, 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, 6-7 days prior to lodging of the FIR, the applicant entered into the house of the informant and inappropriately touched her daughter. When the applicant tired to tear away the clothes of the victim, she cried and the applicant ran away.

4. Learned counsel for the applicant would submit that it is a false FIR; she would submit that, in fact, the father-in-law of the informant had sold the house to the applicant; the informant was quite unhappy with it; they were demanding money from the applicant, of which, a report was lodged by the father-in-law of the informant on 25.07.2023. Reference has been made to the Annexure No.8 to the bail application.

5. It is also argued that, in fact, on 07.10.2023, the applicant himself had lodged a report against the informant and his family members

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