NIKHIL RAMOLA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Applicant Nikhil Ramola, who is in judicial custody in FIR No.570 of 2022, under Ss. 376, 328 of IPC and u/s 5/6 of POCSO Act, Police Station Patelnagar, District Dehradun, has sought his release on bail.

(2.) Heard learned counsel for the parties and perused the material available on file.

(3.) Learned counsel for the applicant would submit that the age of the applicant is 21 years and there is a material and unexplained contradictions in the statements of the prosecutrix recorded under Sec. 161 Cr.P.C., Sec. 164 Cr.P.C. and her statement recorded during the trial in the court; that, in her statement before the I.O. (page 16 and 17) she simply stated that she was coming from tuition and the applicant/accused met her and took her to his room and did wrong act with her; that, at place she stated that she knew applicant for months before incident, however, in another statement she stated that applicant/accused starting residing in Dev Rishi Enclave 3-4 days before the incident.