Atul 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 the Case Crime No. 887 of 2022, registered at police station Kotwali Roorkee, District Haridwar. Applicant is in judicial custody under Sections 363, 366, 376 of the Indian Penal Code, 1860 and Section 3(a) read with Section 4 of the Protection of Children from Sexual Offences Act, 2012.

Heard Mr. Pranav Singh, learned counsel for the applicant and Mr. Pramod Tiwari, learned Brief Holder for the State.

Mr. Pranav Singh, Advocate, contended that the applicant, aged about 20 years, has been falsely implicated in the present matter. He has no criminal antecedents. He is in custody since 25.12.2022. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding, and, prosecutrix has not supported the case of the prosecution in her cross-examination.

Learned counsel for the State has opposed the bail application. However, he has fairly conceded that the prosecutrix has not supported the case of the prosecution in her cross-examination.

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- Atul be released on bail on his executing personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.