Nadeem 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.867 of 2022, registered at police station Kotwali Roorkee, District Haridwar under Section 376 of the Indian Penal Code, 1860.

An FIR was lodged by the father of the prosecutrix that the applicant committed rape with her daughter, aged about 19 years, on 12.12.2022 in the pretext of marriage. The First Information Report was registered on 12.12.2022 at 07:32 hrs. After completion of the investigation, charge-sheet was filed. Prosecution has examined the prosecutrix (PW1) and her father (PW2).

Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mr. Pramod Tiwari, learned Brief Holder for the State.

Learned counsel for the applicant contended that the prosecutrix has not supported the case of the prosecution. She has stated in her evidence that her physical relation was established with the applicant with her free will. Applicant, aged about 22 years, is in custody since 12.12.2022. He has no criminal history. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding.

On the other hand, Mr. Pramod Tiwari, learned Brief Holder for the State, has opposed the bail application. However, he has conceded that (PW1) did not support the case of the prosecution and 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 – Nadeem 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.