Kunvar Alias Kavar Singh 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.810 of 2022, registered at police station Kotwali Laksar, District Haridwar. Applicant is in custody under Sections 354, 452, 506 of the Indian Penal Code, 1860 and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012.

Heard Mr. Shubhr Rastogi and Mr. D.P. Mittal, learned counsel for applicant and Mr. V.S. Rathore, learned A.G.A. for the State.

Mr. Shubhr Rastogi, learned counsel for the applicant contended that the applicant has been implicated in this matter; PW1 victim turned hostile in her cross-examination; she did not support the prosecution case in her cross-examination; PW2, informant of the First Information Report and the mother of the victim, has also not supported the case of the prosecution in her examination-in-chief; applicant is in custody since 31.08.2022; he is a permanent resident of District Haridwar and he has no criminal history.

Learned counsel for the State has opposed the bail application. However, he fairly conceded that the applicant has no criminal history.

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 – Kunvar Alias Kavar 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.