Uttarakhand High Court
BA1/2481/2020 on 18 December, 2020
Author: R.C. Khulbe
Bench: R.C. Khulbe
BAI No.2481 of 2020 Hon'ble R.C. Khulbe, J.
Mr. Gaurav Singh, learned counsel for the applicant.
Mr. Pratiroop Pandey, learned AGA along with Mr. Pramod Tiwari, learned B.H. for the State.
Accused -Vishal sought his release on bail in connection with Case Crime/FIR No.165 of 2020 u/s 376(3) of IPC and u/s 3A/4, 5(j)(ii)/6, 13/14 of POCSO Act, registered at P.S. Pathri, District Haridwar.
It is argued by learned counsel for the applicant that the applicant has been falsely implicated in the offence; there is no offence against him. Apart from that, the statements of star witnesses as well as prosecutrix have been recorded before the concerned court, but they did not support the prosecution story as alleged in the FIR; and he may be granted bail.
Per contra, learned State Counsel admitted this fact.
I have also gone through the statements of star witnesses and prosecutrix recorded before the concerned court, and found that they did not make any allegation against the present accused regarding sexual offences. Accordingly, without going into merits of the case, it is a fit case for bail at this stage.
Accordingly, bail application is allowed and the applicant is directed to be released on bail on his executing personal bond and furnishing two reliable sureties in the like amount, to the satisfaction of the Court concerned.
Pending application, if any, stands disposed of.
(R.C. Khulbe, J.) 18.12.2020 BS