Ajay Rana @ Ajju vs State Of Uttarakhand

Vivek Bharti Sharma, J

Applicant Ajay Rana @ Ajju, who is in judicial custody in Case Crime No. 435 of 2022, under Sections 363, 376, 511 of IPC and under Sections 7/8 of POCSO Act, Police Station Rishikesh, District Dehradun, has sought his release on bail.

Heard learned counsel for the parties and perused the material available on file.

Learned counsel for the applicant would submit that the applicant/accused is in judicial custody since 13.08.2022; charge sheet has been filed; statement of prosecutrix has been recorded in the learned Lower Court as PW1 and the same is attached with the bail application at page no.15. Learned counsel for the applicant drew attention of this Court to the statement of prosecutrix and would argue that no offence of sexual assault is made out against the applicant as defined in Section 7 of POCSO Act; the prosecutrix has merely stated that applicant/accused took her to Jungle and tried to pull her behind the bushes and at that time, people arrived and rescued her from the clutches of the applicant/accused; similarly in July 2022 the applicant/accused had tried to enter her room and when they shouted then he ran away. He would further argue that, apart from this, there is no offence whatsoever against the present applicant/accused.

Per contra, Mr. Dinesh Chauhan, Brief Holder for the State would vehemently oppose the bail application but admitted the statement of the prosecutrix at page 15 of the bail application.

Having considered the entirety of facts, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a case for bail.

The bail application is, accordingly, allowed. Let the applicant be released on furnishing bail bond with two sureties in the amount of ₹ 35,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.