Gurdaas Singh 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. 443 of 2021, registered at police station Rudrapur, District Udham Singh Nagar.

Applicant is in judicial custody under Sections 341, 366, 376(2) of the Indian Penal Code, 1860, Section 9 of the Prohibition of Child Marriage Act, 2006 and Section 6 of the Protection of Children from Sexual Offences Act, 2012

Heard Mr. Vikas Anand, learned counsel for the applicant and Ms. Manisha Rana Singh, learned A.G.A. for the State.

Mr. Vikas Anand, Advocate, contended that the applicant has been falsely implicated in the present matter. The prosecutrix (PW5), aged about 17 years, has not supported the prosecution case. She has stated that she never went anywhere with the present applicant. She is not married to the applicant. She has not had any physical relationship with the applicant. She had gone to Punjab with her maternal grandparents, from where she returned alone. The present applicant was not with her when the police apprehended her.

Mr. Vikas Anand, Advocate, further submitted that the applicant does not have any criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no chance of his absconding, and, the applicant is in judicial custody since 30.11.2022.

Ms. Manisha Rana Singh, learned A.G.A. has opposed the bail application orally. However, she has fairly submitted that the prosecutrix has 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 – Gurdaas Singh 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.