Ankit 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 Case Crime No.1190 of 2022, registered at police station Bhagwanpur, District Haridwar under Sections 363, 366, 366A, 376 (3) of the Indian Penal Code, 1860 and Section 3(a) read with Section 4(2), Section 16 read with Section 17 of the Protection of the Children from Sexual Offences Act, 2012.

Heard Mr. Gaurav Singh with Mr. Ravindra Singh Rawat, learned counsel for the applicant and Mr. V.S. Rathore, learned A.G.A. assisted by Mrs. Sangeeta Bhardwaj, learned Brief Holder for the State.

Mr. Gaurav Singh, Advocate contended that the applicant is an innocent person; he has been implicated in the present matter; he is in custody since 23.12.2022; he is a permanent resident of District Haridwar, he has no criminal history and the informant, father of the victim (PW1) and the alleged Victim (PW3) did not support the case of the prosecution.

Learned counsel for the State has accepted that the victim and her father have 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- Ankit 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.