Faisal vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed for grant of regular bail in connection with First Information Report No.463 of 2022, registered at police station Jaspur, District Udham Singh Nagar under Sections 363, 366, 376(2), Section 506 of the Indian Penal Code, 1860 and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012.

Heard Mr. P.C. Petshali, learned counsel for applicant and Mr. Siddhartha Bisht, learned Brief Holder for State.

Mr. P.C. Petshali, Advocate, contented that the victim (PW1) has not supported the prosecution case in her cross examination, while the informant, father of the victim (PW2) has not supported the prosecution’s case in his examination-in-chief and he has turned hostile. Applicant is in custody since 22.01.2023.

Mr. Siddhartha Bisht, Brief Holder, has opposed the bail application, however, he fairly conceded that the victim and 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-Faisal 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.