Sahib vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail 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.603 of 2022, registered at police station Bhagwanpur, District Haridwar under Sections 363, 366A, 376(2)(n) of the Indian Penal Code, 1860 and Section 5 (j), (l) read with Section 6 of the Protection of Children from Sexual offences, 2012.

Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mr. V.S. Rathore, learned A.G.A. for the State.

Mr. Mohd. Safdar, Advocate contended that the applicant has been falsely implicated in the present matter; informant, father of the so called victim (PW1) and so called victim (PW3) have not supported the case of the prosecution; they turned hostile in their examination-in-chief; applicant is in custody since 08.04.2022; he has no criminal history, and, he is a permanent resident of District Haridwar.

Learned counsel for the State admitted that the informant and the victim 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- Sahib 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.