Waseem And Others vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Waseem is in judicial custody in FIR No.238 of 2020, under Sections 376-D, 506, 323, 34 IPC and Section 5(g)/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Kotdwar, District Pauri Garhwal. He has sought short term bail on the ground of marriage of his sister.

Heard learned counsel for the parties and perused the record.

Learned counsel for the applicant would submit that the applicant’s sister’s marriage is to be held on 15.05.2022 and he intends to attend the marriage and help his father in marriage arrangements. It is also argued that the trial of the case has been stayed by this Court in C-482 No.116 of 2021. Trial is yet to proceed.

Learned State counsel, under instructions, would submit that the younger sister of the applicant is to marry on that date.

Since the marriage is on 15.05.2022, therefore, having considered, purely on the humanitarian ground, this Court is of the view that to attend the marriage of his sister, the applicant may be granted short term bail for a period of two days from the date of his release.

Short term bail application is allowed.

Accordingly, the applicant shall be enlarged on short term bail only for a period of two days from the date of his release, on his executing a personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the Court concerned. It is further directed that, on expiry of two days, the applicant shall surrender before the court concerned and intimation to this effect shall also be given to this Court.

Let the copy of this order be supplied to the learned counsel for the parties today itself, on payment of usual charges.