Arshad Ali 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 First Information Report No.242 of 2022, registered at police station Banbhulpura, Haldwani, District Nainital under Sections 376 AB, 506 of the Indian Penal Code, 1860 and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012.

An FIR was registered against the present applicant on the written information of the victim’s mother. Charge-sheet was filed. During the trial, victim, aged about 14 years (PW1) and informant (PW2), mother of the victim, have been examined.

Heard Mr. Deep Chandra Joshi, learned counsel for the applicant and Mr. Pramod Tiwari, learned Brief Holder for the State.

Mr. Deep Chandra Joshi, Advocate contended that the applicant has been implicated in the present matter; he is an innocent person; he has no criminal history; the alleged victim (PW1) and informant (PW2) have not supported the prosecution’s case. They have turned hostile in their examination-in-chief; applicant, aged about 20 years, is in custody since 04.08.2022, and, he is a permanent resident of District Nainital.

Learned counsel for the State has opposed the bail application. However, he has fairly submitted that the victim (PW1) and her mother (PW2) did not support the case of the prosecution and applicant has no criminal history.

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- Arshad Ali 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.