Sachin 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 Case Crime No. 233 of 2023, registered at police station Manglaur, District Haridwar. Applicant is in judicial custody under Sections 363, 376(2)(n), 376(3) of the Indian Penal Code, 1860 and Section 5(l) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution, on 26.03.2023, the present applicant kidnapped the fifteen year old daughter of the informant. In the present case, evidence of the informant (PW1), mother of the prosecutrix and prosecutrix (PW2) has been completed.

Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mrs. Manisha Rana Singh, A.G.A. for the State.

Mr. Mohd. Safdar, Advocate, contended that the informant (PW1), mother of the prosecutrix, has not supported the case of the prosecution in her cross-examination, whereas, the prosecutrix (PW2) has not supported the case of the prosecution in her examination-in-chief. Applicant has no criminal history. He is in custody since 01.04.2023, and, he is a permanent resident of District Haridwar.

On the other hand, learned counsel for the State has opposed the bail application orally. However, she has fairly conceded that the informant and the prosecutrix 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 – Sachin 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.