Chitranjan 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.184 of 2023 (Special Sessions Trial No.90 of 2023), registered at police station Ranipur, District Haridwar.

Present applicant is in judicial custody under Section 376(3) of the Indian Penal Code, 1860 and Section 3(a) read with Section 4 (2) of the Protection of Children from Sexual Offences Act, 2012.

Heard Mr. Harsh Taneja, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned AGA for the State.

Mr. Harsh Taneja, Advocate, contended that the applicant has been falsely implicated in the present matter. He is an innocent person. He is in judicial custody since 22.04.2023. He is a permanent resident of District Haridwar, therefore, there is no likelihood of his absconding. The prosecutrix (PW1) has not supported the case of the prosecution in her cross-examination. The informant (PW2), the father of the prosecutrix, has also not supported the case of the prosecution in his examination-in-chief, and, applicant does not have any criminal antecedents.

Learned counsel for the State has opposed the bail application. However, she conceded that the prosecutrix and the father did not support 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, no reason is found 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 – Chitranjan 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.