Arjun Kumar vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed for grant of regular bail in connection with the First Information Report No. 354 of 2022, registered at Police Station Ramnagar, District Nainital for the offence under Section 363 and Section 376 of the Indian Penal Code, 1860 and Section 3 read with Section 4 of the Protection of Children from Sexual Offences Act, 2012.

Heard Mr. Hemant Pant, learned counsel holding brief of Mr. Paritosh Dalakoti learned counsel for the applicant, and Mrs. Manisha Rana Singh, learned A.G.A. for the State.

Learned counsel appearing for the applicant has submitted that victim (PW1) and her mother (PW2), informant of the First Information Report, have not supported the case of the prosecution and they turned hostile.

On the other hand, learned counsel for the State has opposed the Bail Application. However, she conceded that victim and her mother 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 – Arjun Kumar 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.