Mangat 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.78 of 2023, registered at police station Nanakmatta, District Udham Singh Nagar. The First Bail Application (No.1225 of 2023) was dismissed as not pressed on 25.09.2023.

The present applicant is in judicial custody under Sections 354, 504, Section 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. Mani Kumar, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned AGA for the State.

Mr. Mani Kumar, Advocate, contended that the applicant is an innocent person. He has been falsely implicated in the present matter. The alleged victim (PW1) has not supported the case of the prosecution. Applicant is a permanent resident of District Udham Singh Nagar, therefore, there is no chance of his absconding.

Learned counsel for the State has opposed the bail application. However, she has fairly conceded that the victim (PW1) has not supported 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 Second Bail Application is allowed.

Let the applicant – Mangat 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.