Jaswant Singh Alias Vikki 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 First Information Report No.310 of 2022, registered at police station Kunda, District Udham Singh Nagar. Present applicant is in judicial custody under Sections 341, 376-D, 366 and Section 506 of the Indian Penal Code, 1860.

The prosecutrix lodged an F.I.R. against the present applicant and one co-accused that she was raped by the co-accused in a field on 29.11.2022, while the present applicant was standing outside the field looking here and there. The F.I.R was registered on 30.11.2022. After completion of the investigation, the charge-sheet was filed. The prosecution has examined prosecutrix (PW1) and her father (PW2).

Heard Mr. D.N. Sharma, learned counsel with Mrs. Manju Bahuguna, learned counsel for the applicant and Mr. Pramod Tiwari, learned Brief Holder for the State.

Mrs. Manju Bahuguna, Advocate, contended that the applicant has been implicated in the present matter. He was not present at the spot. He has no criminal history. He is in custody since 02.12.2022. Prosecutrix (PW1) and her father (PW2) have not supported the case of the prosecution. They have turned hostile.

The bail application has not been seriously opposed by the learned counsel for the State. He has conceded that the prosecutrix (PW1) and her father (PW2) 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- Jaswant Singh alias Vikki 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.