Mohit 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.5 of 2023, registered at police station Jhabreda, District Haridwar. Applicant is in judicial custody under Sections 363, 366, 376(2)(n), 376(3) of the Indian Penal Code, 1860 and Section 3(a) read with Section 4(2) and Section 5(l) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012.

Heard Mr. Pranav Singh, learned counsel for the applicant and Mr. V.S. Rathore, learned A.G.A. for the State.

Mr. Pranav Singh, Advocate submitted that the applicant, aged about 25 years, has been implicated in the present matter. Prosecutrix has not supported the case of the prosecution in her examination-in-chief and she has turned hostile. Applicant is a permanent resident of District Haridwar. He has no criminal history. He is in custody since 08.01.2023.

On the other hand, Mr. V.S. Rathore, A.G.A. for the State, has opposed the bail application. However, he has submitted that prosecutrix (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-Mohit 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.