RITIK KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Applicant Ritik Kumar, who is in jail in connection with Case Crime No.211 of 2023 (Special S.T. No.890/2023) under Ss. 363, 366, 376(2) of IPC and Sec. 5(1)/6 of POCSO Act, P.S. Sitarganj, District Udham Singh Nagar, has sought his release on bail.

(2.) Learned counsel for the applicant/accused would submit that the applicant/accused is innocent and has been falsely implicated in the instant crime; that, the applicant/accused is 19 years of age; that, the prosecutrix in her statement recorded u/s 164 Cr.P.C. (Annexrure-4) has unequivocally stated that she knew the applicant/accused and is in love with the applicant/accused and wanted to marry him and on 22/7/2023 the prosecutrix/victim eloped with the applicant/accused after jumping the boundary wall of her house to marry the applicant/accused. The prosecutrix/victim further stated that eloping with the applicant/accused was her plan and not of the applicant/accused as she wanted to marry the applicant/accused.

(3.) Learned counsel would further submit that the statements given by the prosecutrix/victim in examination-in-chief thereby supporting the prosecution case is an afterthought under the pressure of her parents.