BA1/2821/2022 of SUMIT Vs STATE OF UTTARAKHAND on 23 December 2022

HIGH COURT OF UTTARAKHAND AT NAINITAL

First Bail Application No. 2821 of 2022

Sumit

….....Applicant

Versus

State of Uttarakhand

….….Respondent

Present:-

Mr. Pawan Mishra, Advocate for the applicant. Mr. B.P.S. Mer, Brief Holder for the State.

Hon’ble Ravindra Maithani, J. (Oral)

Applicant-Sumit is in judicial custody in FIR/Case Crime No. 245 of 2022, under Section 376 IPC and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012, Police Station Rishikesh, District Dehradun. He has sought his release on bail.

2. Heard learned counsel for the parties and perused the record.

3. Learned counsel for the applicant would submit that victim has not supported the prosecution case at trial. Certified copy of the statement of the victim recorded during trial has been filed.

4. Learned State Counsel was required to get instructions twice on the matter. Learned State Counsel would submit that the victim is 14 years of age, but he admits that as per the certified copy of the statement, she has not supported the prosecution case and in fact, she has stated that she did not get her medical examination.

5. Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

6. The bail application is allowed. 7. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.

AK

(Ravindra Maithani, J.) 23.12.2022