Kheem 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.42 of 2023, registered at police station Lalkuan, District Nainital.

The present applicant is in judicial custody under Sections 376, 506 of Indian Penal Code, 1860 and Section 3 read with Section 4 of the Protection of Children From Sexual Offences Act, 2012.

Heard Mr. Mani Kumar, learned counsel for applicant and Mr. Akshay Latwal, learned Brief Holder for State.

Mr. Mani Kumar, Advocate, contended that the applicant has been falsely implicated in the present matter. He is a permanent resident of District Nainital, therefore, there is no possibility of his absconding. The alleged victim (PW-1) and the informant (PW-2), father of the alleged victim, have not supported the case of the prosecution. They have turned hostile.

Learned counsel for the State has opposed the Bail Application orally. However, he has fairly conceded that the victim and the father of the victim 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, no reason is found 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-Kheem 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.