Amit Bisht vs State Of Uttarakhand

Vivek Bharti Sharma, J

On the last date of hearing, show cause notice was issued to S.H.O./I.O., P.S. Kashipur, District Udham Singh Nagar, for not filing the counter affidavit. Today, Mr. Manoj Raturi, S.H.O. Police Station Kashipur, District Udham Singh Nagar is present before the Court, but despite directions he has not filed any written reply to the show cause notice. However, he would orally submit that he had made endorsement on the Radiogram received on 04.05.2023 to the I.O. to do the needful. However, he would admit that he did not follow the progress in filing of the counter affidavit to the bail application, despite the fact that he was available in the Police Station from 11.05.2023 to 18.05.2023. The conduct of the S.H.O. is not appreciable and that is sheer dereliction of duty. He tenders his apology and submits that he will not commit such type of mistake in future. He is discharged with admonition to be careful in future to comply with directions of the Court directly or through Government Counsel.

Senior Superintendent of Police, Udham Singh Nagar is directed to impress upon all the SHOs to be careful in filing the counter reply/affidavit at first instance without any delay.

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

Applicant Amit Bisht, who is in judicial custody in FIR No.233 of 2021, under Sections 376(3) of IPC and Section 6 of POCSO Act, Police Station Kashipur, District Udham Singh Nagar, 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 prosecutrix has been examined in the trial court and she has not stated anything against the applicant/accused and she has not supported the case of the prosecution at all.

Mr. Pramod Tiwari, Brief Holder for the State does not dispute the fact as stated by counsel for the applicant.

In view of the above, but, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a fit 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 ₹40,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.

Registry is directed to send a copy of this order to the S.S.P. Udham Singh Nagar for information and ensuring compliance.