Shabaz Alias Savaz 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.164 of 2023, registered at Police Station Kotwali Roorkee, District Haridwar. Applicant is in judicial custody under Sections 363, 366, 376(2)(n) of the Indian Penal Code, 1860 and Section 5(l) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012.

Heard Mr. Aditya Pratap Singh, learned counsel for applicant and Mr. V.S. Rathore, learned AGA for the State.

Mr. Aditya Pratap Singh, Advocate, has submitted that the applicant, aged about 19 years, has been falsely implicated in the present matter. He is in custody since 16.02.2023. He has no criminal history. He is a permanent resident of District Haridwar, and, the alleged victim (PW3), aged about 18 years, did not support the case of the prosecution and she has turned hostile.

On the other hand, learned counsel for the State has opposed the bail application. However, he submitted that victim has not supported the prosecution’s case.

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 – Shabaz Alias Savaz 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.