SACHIN Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioner/accused under Section 439 of Cr.P.C., seeking to enlarge him on bail.

(2.) Brief facts of the case are as under; That the father of the victim had lodged FIS before the police stating that his minor daughter aged about 15 years old was studying in 9th standard. On 17.07.2019 at 2.00 p.m., the victim went to the school but did not return to the home at evening 5.00 p.m. as usual she used to come and after making enquiry found that the petitioner had abducted the minor victim on a motorcycle and thus a crime came to be registered under Section 366-A of IPC.

(3.) The counsel for the petitioner argued that the petitioner had not abducted the victim and now during the course of trial before the Special Court the victim and her parents and other witnesses have not stated before the Special Court that the petitioner had committed alleged offences. The witnesses have not supported the prosecution case and nothing is stated against the petitioner that the petitioner has committed the alleged offences. Therefore, argued that considering the evidences of the victim and parents and other relatives there is no evidence against the petitioner and further submitted that petitioner is in custody since 09.08.2019 nearly for one year and almost all the witnesses are examined by the prosecution and only few witnesses are yet to be examined. Therefore, considering the factors that the victim herself and also the parents of the victim themselves have stated that the petitioner did not commit any offence as alleged, by considering all these factors the petitioner be released on bail.