Surendra Singh vs State Of Uttarakhand

Vivek Bharti Sharma, J

Applicant Surendra Singh, who is in judicial custody in Case Crime No.0022 of 2022, under Section 376 of IPC and Section 5(j) (ii)/6 of POCSO Act, Police Station Gairsain, District Chamoli, has sought his release on bail.

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

Learned counsel for the applicant would submit that the prosecutrix has not supported the case of prosecution in the trial court; that, she has nowhere stated in her examination-in-chief that the present applicant/accused had committed any offence of rape with her; that, she was cross examined by the Special Prosecutor with the permission of the court and in the cross-examination also she has specifically stated that she had not given any statement in respect of the applicant/accused under Section 161 Cr.P.C. and she denied her statement recorded under Section 164 Cr.P.C.; that, even the complainant, who is the father of the prosecutrix has not supported the prosecution case, though he admitted his signatures on the complaint. Counsel for the applicant would further submit that in the cross-examination by the counsel for the applicant/accused, the prosecutrix stated that her date of birth is 30.07.2002

Mr. Pramod Tiwari, Brief Holder for the State would admit at Bar that PW1 (prosecutrix) and PW2 (complainant/father of the prosecutrix) have not supported the case of the prosecution.

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 for bail.

The bail application is, accordingly, allowed. Let the applicant be released on furnishing bail bond with two sureties in the amount of ₹30,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.