Shamun 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.48 of 2022, registered at police station Sahaspur, District Dehradun. Applicant is in judicial custody under Sections 363, 376, 511, 120B of the Indian Penal Code, 1860 and Section 16 read with Section 17 of the Protection of Children from Sexual Offences Act, 2012.

Heard Mr. Chandra Prakash, learned counsel holding brief of Mr. Karan Anand, learned counsel for the applicant and Mr. M.K. Chand, learned AGA for the State.

Mr. Chandra Prakash, Advocate, contended that the applicant has been implicated in the present matter. He has no criminal history. He is in judicial custody since 13.02.2023. He is a permanent resident of District Dehradun, therefore, there is no chance of his absconding. Prosecution has examined the alleged victim(PW1). She has not supported the case of the prosecution. She has turned hostile.

Mr. M.K. Chand, learned Brief Holder for the State, has conceded that 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 – Shamun 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.