Farmood Hasan Alias Anmol vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in respect of Case Crime No.126 of 2023, registered at police station Mukhani, District Nainital under Sections 376(2)(n), 419 and Section 506 of the Indian Penal Code, 1860.

As per averments of FIR, informant has known the applicant by name Anmol for the last two years. She and applicant have been working in Reliance Mall, Haldwani for the last four months. She had thought to marry with him. Applicant had established physical relations with her. She later came to know that the real name of the applicant is not Anmol. His real name is Farmood Hasan, who is a Muslim.

Heard Mr. Mehboob Rahi, learned counsel for applicant and Mrs. Manisha Rana Singh, learned A.G.A. assisted by Mrs. Shewali Joshi, learned Brief Holder for State.

Ms. Lata Joshi, Inspector/Investigating Officer, POCSO Cell, Haldwani, District Nainital is present before the Court. She has informed that the applicant does not work in Reliance Mall, rather he works with Kiran Enterprises, Gurgaon.

Mr. Mehboob Rahi, Advocate, contended that the applicant has been implicated in the present matter. All the allegations of the informant are false. Applicant is a permanent resident of District Udham Singh Nagar. He is in custody since 11.05.2023. He has no criminal history, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Mrs. Manisha Rana Singh, A.G.A., has opposed the bail application.

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 – Farmood Hasan alias Anmol, 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.