Monu 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. 134 of 2023, registered at police station Khanpur, District Haridwar.

Applicant is in judicial custody under Sections 120B, 363, 366A, Section 354 of the Indian Penal Code, 1860 and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012.

As per the First Information Report dated 15.06.2023, present applicant along with two co-accused persons kidnapped the 17 years old daughter of the informant on 14.06.2023 at 11:00 a.m.

Upon conclusion of the investigation, charge-sheet has been filed against the present applicant.

Mr. Gaurav Singh, Advocate, contended that, in her statement, recorded under Section 164 of the Code of Criminal Procedure, 1973 (in short, “Code”), the alleged victim has mentioned her age as 18 years and has stated that as per her Aadhaar card and her PAN card, she was born in the year, 2004. Her family members have shown her age to be young in her school records. She has further stated in her statement under Section 164 of the Code that she has had a court marriage with the applicant on 14.06.2023, but, physical relations have not been established between them.

Mr. Gaurav Singh, Advocate, further submits that the applicant is in judicial custody since 06.07.2023. He has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no likelihood of his absconding, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Opposing the bail application, Mrs. Manisha Rana Singh, learned A.G.A., on instruction, submits that co-accused persons have been exonerated by the Investigating Officer during the Investigation. She has 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 –Monu 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.