Sherkhan vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed for grant of regular bail in connection with the First Information Report No.48 of 2023 (Special Sessions Trial No.53 of 2023), registered at police station Sahaspur, District Dehradun. Applicant is in judicial custody under Sections 363, 376, 511 and 506 of the Indian Penal Code, 1860 and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012.

Prosecution has examined the prosecutrix (PW1) and her father (PW2), informant.

Mr. Rajat Mittal, Advocate, submits that the applicant has been implicated in the present matter. Prosecutrix (PW1) and the informant (PW2) did not support the case of the prosecution. They have turned hostile. Applicant is a permanent resident of District Dehradun, therefore, there is no possibility of his absconding. He has no criminal history, and, co-accused Nadeem has been granted regular bail by this Court.

Mr. Pramod Tiwari, Brief Holder, has opposed the Bail Application. However, he fairly submits that the applicant has no criminal history and the prosecutrix and informant have not supported 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- Sherkhan 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.