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  1. Home/
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  3. High Court Of Uttarakhand/
  4. 2024/
  5. August

Iliyas vs. State of Uttarakhand

Decided on 30 August 2024• Citation: BA1/1636/2024• High Court of Uttarakhand
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                   HIGH   COURT    OF  UTTARAKHAND        AT  NAINITAL              
                          First Bail Application No.1636  of 2024                   
                  Iliyas                                   ….....Applicant          
                                           Versus                                   
                  State of Uttarakhand                   ….….Respondent             
                  Present:-                                                         
                       Mr. Vikas Anand and Ms. Gyan Mati Kushwaha, Advocate for     
                       the applicant.                                               
                       Mr. Virendra Singh Rawat, AGA for the State.                 
                  Hon’ble  Ravindra   Maithani,  J. (Oral)                          
                            The  applicant is in  judicial custody in FIR           
                  No.95  of 2024, dated  17.03.2024, under  Sections 363,           
                  376,  506  IPC  and  Sections 3/4  of the  Protection of          
                  Children  from Sexual Offences Act, 2012, Police Station          
                  ITI, District Udham   Singh Nagar.  He  has  sought  his          
                  release on bail.                                                  
                  2.        Heard   learned counsel  for the  parties and           
                  perused  the record.                                              
                  3.        Learned   counsel  for  the  applicant  would           
                  submit  that the victim has not supported the prosecution         
                  case; she has turned  hostile; there is no other evidence.        
                  Learned  counsel would  submit that there is no forensic          
                  evidence, as well.                                                

                                              2                                     
                  4.        This facts are admitted by the learned State            
                  counsel.                                                          
                  5.        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.                                              
                  6.        The bail application is allowed.                        
                  7.        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.                                              
                                                   (Ravindra Maithani, J.)          
                                                        30.08.2024                  
                  Sanjay