Devi Singh Alias Devi Chandra 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.301 of 2022, registered at police station Kunda, District Udham Singh Nagar.

As per the First Information Report dated 15.11.2022, the daughter of the informant was missing since 26.10.2022. She was searched. An FIR was lodged against the unknown person. Charge-sheet was filed. Applicant is in judicial custody under Section 370(4) of the Indian Penal Code, 1860 and Section 9 read with Section 10 of the Prohibition of Child Marriage Act, 2006.

Heard Mr. Vikas Kumar Guglani, learned counsel for the applicant and Mr. M.K. Chand, learned A.G.A. for the State.

Mr. Vikas Kumar Guglani, Advocate, contended that the applicant has been falsely implicated in the present matter. He has no criminal history. The prosecutrix (PW1) and the informant, mother of the prosecutrix (PW2) did not support the case of the prosecution and they have turned hostile. Co-accused persons have been granted bail by this Court.

Mr. M.K. Chand, learned A.G.A. has fairly conceded that the prosecutrix (PW1) and her mother (PW2), the informant, 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 – Devi Sing alias Devi Chandra 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.