Ajad Ali 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.221 of 2022, registered at police station Sahaspur, District Dehradun. Applicant is in judicial custody under Sections 363, 366 A, 376, 506 of the Indian Penal Code, 1860 and Section 5 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012.

Heard Mr. Rajat Mittal, learned counsel for applicant through video conferencing and Mr. Pratiroop Pandey, learned A.G.A. for State.

Mr. Rajat Mittal, Advocate, has submitted that the applicant has been implicated in the present matter; applicant, aged about twenty one years, has been falsely implicated in the present matter; he is in custody since 07.08.2022;  he  is  a  permanent  resident  of  District Dehradun; he has no criminal history, and, so called victim (PW1) did not support the case of the prosecution and she has turned hostile.

Mr. Pratiroop Pandey, learned A.G.A. submitted that the victim has not supported the case of the prosecution’s and as per instruction, received by him, no further evidence has been found on record against the present applicant.

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 – Ajad Ali, 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.