Gurvinder Singh Alias Guri 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 connection with the First Information Report No.310 of 2022, registered at police station Kunda, District Udham Singh Nagar under Sections 376, 341, 366 & 506 of the Indian Penal Code, 1860.

Heard Mr. D.N. Sharma, learned counsel with Mrs. Manju Bahuguna, learned counsel for the applicant and Mr. V.S. Rathore, learned A.G.A. assisted by Mrs. Sangeeta Bhardwaj, learned Brief Holder for the State.

Mr. D.N. Sharma, Advocate has submitted that so called victim (PW1), aged about 22 years, stated that she had made physical relations with the applicant of her own free will; she did not support the prosecution case; she turned hostile in her examination-in-chief; applicant has no criminal history, and, he is in custody since 02.12.2022.

Learned counsel for the State admitted that the victim has not supported the prosecution’s case in her examination-in-chief.

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- Gurvinder Singh alias Guri 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.