Sumit Alias Mona 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 Case Crime No.233 of 2023, registered at police station S.I.D.C.U.L., District Haridwar.

Applicant is in judicial custody under Sections 363, 366, Section 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.

The victim’s brother lodged an FIR on 17.04.2023 that the applicant seduced his sister, aged about 17 years and 9 months, and took her with him on 12.04.2023.

Upon conclusion of the investigation, charge-sheet was filed.

Heard Mr. Bhuwan Bhatt, learned counsel for the applicant and Mr. M.K. Chand, learned AGA for the State.

Mr. Bhuwan Bhatt, Advocate, submits that the alleged victim (PW1) has not supported the case of the prosecution. She turned hostile. The Principal (PW3) has deposed that according to the school records, the date of birth of the victim is 15.07.2005, but, the said date of birth has no basis, because at the time of admission in the school, her parents did not submit any certificate regarding her birth. Applicant is in custody since 13.06.2023. He is a permanent resident of District Bijnor (Uttar Pradesh), therefore, there is no chance of his absconding, and, the applicant has no criminal history.

On the other hand, Mr. M.K. Chand, learned Brief Holder for the State has opposed the bail application.

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- Sumit alias Mona 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.