Aakash vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed for grant of regular bail in connection with the Case Crime No.155 of 2022, registered at police station Kotwali Shyampur, District Haridwar under Sections 376(2)(n), 376(3), 504, 506 of the Indian Penal Code, 1860, Section 3(a) read with Section 4(2) and Section 5(l) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012.

Heard Mr. Gaurav Singh, learned counsel for applicant and Mrs. Manisha Rana Singh, learned A.G.A. assisted by Mrs. Shewali Joshi, learned Brief Holder for State.

Mr. Gaurav Singh, Advocate, has submitted that the applicant has been implicated in the present matter; he is in custody since 05.11.2022; he has no criminal history; he is a permanent resident of District Haridwar, and, the informant (PW1) father of the victim and the alleged victim (PW2) did not support the case of the prosecution in their examination-in-chief.

Mrs. Manisha Rana Singh, A.G.A., conceded that the victim and her father have not supported the case of the prosecution.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant – Aakash, be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.