Rekha 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. 301 of 2022, registered at police station Kunda District Udham Singh Nagar. Applicant is in judicial custody under 370 (4) of the Indian Penal Code, 1860 and Section 9/10 of the Prohibition of Child Marriage Act, 2006.

Prosecution’s case is that despite searching from 26.10.2022, informant’s minor daughter was not found, therefore, an FIR was lodged against the unknown person on 15.11.2022. Charge-sheet has been filed after completion of the investigation.

Heard Mr. Vikas Kumar Guglani, learned counsel for the applicant and Mr. Akshay Latwal, learned Brief Holder for the State.

Learned counsel for the applicant contended that applicant Smt. Rekha, aged about 30 years, has been falsely implicated in the present matter. Prosecution has examined prosecutrix (PW1) and her mother, informant (PW2). They have not supported the prosecution’s case. Three co-accused persons have been granted bail by this Court. Applicant is in custody since 13.04.2023.

Learned counsel for the State has opposed the bail application. However, he submits that the prosecutrix and her mother 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- Smt. Rekha be released on bail on her executing personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.