ABHISHEK ARYA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Applicant Abhishek Arya is in judicial custody in FIR No.035 of 2023, under Sec. 376 IPC and Sec. ' of the Protection of Children from Sexual Offences Act, 2012, Police Station Haldwani, District Nainital. He has sought his release on bail.

(2.) Heard learned counsel for the applicant and perused the record.

(3.) According to the FIR, the informant has three children from her first marriage, i.e., two sons and a daughter. The two sons were staying with the husband of the informant and the daughter was staying with the informant. The FIR records that sometimes in the month of January, 2022, the elder son of the informant took his sister along with him. When the daughter of the informant returned, she revealed that, in fact, the applicant had established relationship with the victim, a young girl of 14 years of age. The victim had then told it to her mother that, in fact, she is in love with the applicant. Admittedly, the applicant is the real brother of the victim.