PAWAN SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present Bail Application has been filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with Case Crime No.31 of 2023, registered at police station Mukhani, District Nainital under Sec. 363, Sec. 366 of the Indian Penal Code, 1860 and Sec. 16 read with Sec. 17 of the Protection of Children from Sexual Offences Act, 2012 (in short, 'the Act, 2012').

(2.) An FIR was lodged by the informant on 1/2/2023 that one Dheeraj had taken the minor victim (girl) from her school. The FIR was registered against Dheeraj. The victim was recovered from the custody of the present applicant on 15/2/2023. The victim has stated under Sec. 164 of the Code of Criminal Procedure, 1973 that she went with Pawan (present applicant) with her free will. They, both, wanted to marry each other. She further stated in her statement under Sec. 164 of the Code of Criminal Procedure that there was no physical relationship between them.

(3.) Heard Mr. Vipul Sharma, learned counsel for applicant and Mr. S.T. Bhardwaj, learned Deputy Advocate General assisted by Mrs. Shivangi Gangwar, learned Brief Holder for State.