Akshit vs State Of Uttarakhand

Alok Kumar Verma, J

Present 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.945 of 2022, registered at police station Kotwali Gangnahar, District Haridwar. First Information Report was lodged by the informant, mother of the victim. The said FIR was registered against the present applicant under Section 363 and Section 366 of the Indian Penal Code, 1860 (in short, “IPC”). Charge-sheet was filed. Applicant is in judicial custody under Sections 363, 366, 376 (3) IPC and Section 3(a) read with Section 4 (2) of the Protection of Children from Sexual Offences Act, 2012.

Mr. Narendra Bali, Advocate, has submitted that the applicant has been implicated in the present matter. He is in custody since 08.12.2022. He is a permanent resident of District Haridwar. He has no criminal history.

Mr. Narendra Bail, Advocate, contended that the informant, mother of the alleged victim, (PW1) has not supported the case of the prosecution in her cross-examination, whereas, the alleged victim, aged about 18 years, has not supported the case of the prosecution in her examination-in-chief.

Mr. V.S. Rathore, A.G.A., has opposed the bail application. However, he has fairly conceded that the applicant has no criminal history, and, the informant and victim have not supported the case of 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 –Akshit 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.