Aditya Alias Nannu vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with First Information Report No.58 of 2022, registered at police station Mussoorie, District Dehradun under Section 376 of the Indian Penal Code, 1860 and Section 3 read with Section 4 of the Protection of Children from Sexual Offences Act, 2012. Charge-sheet was filed against the present applicant.

Heard Mr. Rajat Mittal, learned counsel for the applicant and Mr. V.S. Rathore, learned AGA for the State.

Mr. Rajat Mittal, Advocate, contended that the applicant, aged about 20 years, has been implicated in the present matter. Informant, mother of the alleged victim, (PW2) and the alleged victim (PW1) have not supported the case of the prosecution. Applicant is in custody since 22.08.2022 and he has no criminal history.

On the other hand, learned counsel for the State has opposed the bail application. However, he has fairly submitted that the informant and the victim did not support the case of the prosecution in their cross-examinations.

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- Aditya Alias Nannu 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.