Uttarakhand High Court
BA1/1524/2019 on 12 September, 2019
Author: N.S. Dhanik
Bench: N.S. Dhanik
BA1 1524/2019 Hon'ble N.S. Dhanik, J.
Mr. V.B.S. Negi, Senior Advocate, assisted by Mr. H.S. Rawal, Advocate for the applicants.
Ms. Shivali Joshi, Brief Holder, for the State.
Having been implicated in FIR No. 18/2019, under Sections 342, 376(D), 370A/511 IPC and Section 3/4 of the POCSO Act, PS Dharchula, District Pithoragarh, the applicant is in jail.
Learned Counsel for the applicants would contend that the allegations made are vague in nature; no specific date, time or place has been mentioned; prosecutrix is major; chargesheet has been filed wherein no offence under POCSO Act has been found; applicants have no previous criminal history; co-accused has been granted bail and the present applicants are also entitled for bail on the ground of parity and the applicants are in jail since 26.5.2019.
Learned State Counsel would oppose the bail application and contend that the offence is serious. However, she would admit that the prosecutrix is major and the applicants have not been chargesheeted under the POCSO Act.
Having considered the overall facts and circumstances of the case and without expressing any opinion on the final merits of the case, this Court is of the view that the applicants deserve bail. Hence, the bail application is allowed.
Let the applicants be released from jail on executing a personal bond and furnishing two reliable sureties, each in the like amount, by each one of them, to the satisfaction of Special Judge/Court concerned.
(N.S. Dhanik, J.) 12.9.2019 Prabodh