Vishal vs State Of Uttarakhand

Vivek Bharti Sharma, J

Applicant Vishal, who is in judicial custody in FIR No.8 of 2022, under Sections 363, 366, 376 of IPC and Section 3/4 of POCSO Act, Police Station Transit Camp, 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 would submit that the applicant is languishing in jail since 12.01.2022; that, at the time of incident the applicant was also of young age, he was aged only 21 years at the relevant date and time of the incident; that, it was consensual act and both were having love affairs for last two years. He would refer to the statements of the prosecutrix recorded u/s 161 and 164 of Cr.P.C. (page 15 and 18 of the counter affidavit) and would submit that from these statements, it is evidently clear that the prosecutrix was in love with the applicant and she had gone with the applicant/accused with her own free will and volition and there was no enticement or seducement by applicant/accused; that, though charge sheet has been filed long ago but no evidence is recorded in the trial till date; that, no purpose would be served by keeping the applicant behind bars as the trial would take long time.

Per contra, Ms. Manisha Rana Singh, AGA for the State vehemently opposed the bail application; however, she does not controvert the submissions made by the counsel for the applicant; that, applicant is in jail since 12.01.2022 and no evidence is recorded till date.

In view of the above, but, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a fit 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 ₹40,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.