Jackie 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 Case Crime No. 80 of 2023, registered at police station Kaliyar Shareef, District Haridwar. Applicant is in judicial custody under Sections 363, 366, 376 of the Indian Penal Code, 1860 and Section 3(a) read with Section 4 of the Protection of Children from Sexual Offences Act, 2012.

Heard Mr. Bhuwan Bhatt, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned A.G.A. for the State.

Mr. Bhuwan Bhatt, Advocate, contended that the applicant, aged about 24 years, has been falsely implicated in the present matter. He is a permanent resident of District Haridwar. He is in judicial custody since 10.03.2023. Informant, father of the prosecutrix (PW1), the prosecutrix, aged about 19 years (PW4) and the mother of the prosecutrix (PW5) have not supported the case of the prosecution and they have turned hostile.

Learned counsel for the State has opposed the bail application. However, she fairly conceded that the prosecutrix (PW4), her father (PW1) and her mother (PW5) did not support 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 – Jackie 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.