Abhishek vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.511 of 2022, registered at police station SIDCUL, District Haridwar under Section 376(2)(n), Section 376(3), 504 of the Indian Penal Code, 1860 and 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 the applicant and Mrs. Manisha Rana, learned A.G.A. assisted by Mr. P.S. Uniyal, learned Brief Holder for the State.

Mr. Gaurav Singh, Advocate contended that present applicant is in custody since 28.11.2022; he has no criminal history; he has been implicated in the present matter; alleged victim (PW1) and father of the victim (PW4) have not supported the case of the prosecution in their examination-in-chief and they have turned hostile.

Learned counsel for the State has opposed the bail application orally. However, she fairly conceded that victim (PW1) and her father (PW4) did not support the case of the prosecution.

Having considered the submission 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-Abhishek 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.