Soniya vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.301 of 2022 (Sessions Trial No.34 of 2023), registered at police station Kunda, District Udham Singh Nagar.

As per prosecution’s case, despite searching from 26.10.2022, informant’s minor daughter was not found, therefore, on 15.11.2022, an FIR was lodged against the unknown person. Charge-sheet has been filed. Applicant is in judicial custody under Sections 363, 366 A, 368, 370 (4), 506 of the Indian Penal Code, 1860, Section 16 read with Section 17 of the Protection of Children from Sexual Offences Act, 2012 and Section 9/10/11 of the Prohibition of Child Marriage Act, 2006.

Mr. Mukul Dangi, Advocate, contended that the applicant is an innocent lady. Prosecution has examined two witnesses. PW1 is prosecutrix and PW2 is her mother, informant of the present matter. They have not supported the prosecution’s case. Prosecutrix (PW1) has stated in her examintation-in-chief that her date of birth is 10.10.2000 and she is studying in Class XII. She has further stated that her mother had sent her along with applicant to Rajasthan to work in a marriage. Informant (PW2), mother of the prosecutrix, has stated in her evidence that her daughter had gone with the applicant to work in the marriage.

Mr. Mukul Dangi, Advocate, further submitted that the applicant is in custody since 08.12.2022. She is a permanent resident of District Hathras and co-accused persons have been granted bail by this Court.

Mrs. Manisha Rana Singh, A.G.A., has opposed the Bail Application. However, she fairly conceded that both, proseuctirx (PW1) and the informant (PW2) did not support 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 –Soniya be released on bail on her executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.