Shanu @ Shahnawaz vs State Of Uttarakhand

Vivek Bharti Sharma, J

Applicant Shanu @ Shahnawaz, who is in judicial custody in FIR No. 233 of 2021, under Section 376(3) of IPC and under Section 4 of Protection of Children from Sexual Offences Act, 2012, Police Station Kashipur, District Udham Singh Nagar, has sought his release on bail.

Heard learned counsel for the parties and perused the material available on file.

Learned counsel for the applicant/accused would submit that the prosecutrix has been examined in the trial court, she has not stated anything against the applicant/accused and also she has not supported the case of the prosecution. He would further submit that the applicant/accused is an innocent person; that, he has falsely been implicated in the instant crime; that, he is in judicial custody since 14.07.2021; that, he has no previous criminal history; that, the co-accused Amit Bisht with similar role has been granted bail by this Court vide order dated 23.05.2023; that, the trial is likely to take some time, therefore, no purpose would be served by keeping the applicant/accused in jail.

Per contra, Mr. S. S. Adhikari, D.A.G. for the State vehemently opposed the bail application, however, he does not dispute the fact as stated by counsel for the applicant/accused. He also admitted at Bar that the co-accused Amit Bisht with similar role has been granted bail by this Court.

In the circumspection of facts as stated above, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a case fit for bail.

The bail application is, accordingly, allowed. Let the applicant be released on furnishing bail bond with two sureties in the amount of ₹ 40,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.s