Ali Raza 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 First Information Report No.15 of 2023, registered at police station Kunda, District Udham Singh Nagar under Section 376 and Section 506 of the Indian Penal Code, 1860.

Heard Mr. P.C. Petshali with Mr. Naveen Singh Bisht, learned counsel for applicant and Mr. V.S. Rathour, learned A.G.A. for State.

Mr. P.C. Petshali, Advocate, contented that the applicant has been implicated in this matter; so called victim (PW1) has not supported the case of the prosecution and she turned hostile; applicant is a permanent resident of District Udham Singh Nagar and he is in custody since 20.01.2023.

Mr. V.S. Rathour, A.G.A., has opposed the bail application, however, he conceded that the victim (PW1) has not supported the case of the 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-Ali Raza 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.