Riyujul 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 First Information Report No.115 of 2023, registered at police station Rudrapur, District Udham Singh Nagar. Applicant is in judicial custody under Sections 363, 354, 354 D, 506 (2) of the Indian Penal Code, 1860 and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012. Charge-sheet was filed after completion of the investigation. Statement of the prosecutrix, (PW1), aged about 14 years, has been recorded.

Mr. Vikas Kumar Guglani, Advocate, has submitted that the applicant has been falsely implicated in the present matter. He is in judicial custody since 21.02.2023. He has no criminal history, and, he is a permanent resident of District Udham Singh Nagar. He contended that the alleged victim (PW1) did not support the case of the prosecution.

On the other hand, Mrs. Manisha Rana Singh, A.G.A. has opposed the bail application. However, she conceded that the prosecutrix (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, 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 –Riyujul 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.