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Judgment
Vivek Bharti Sharma, J
Applicant Akshay, who is in judicial custody in FIR No.332 of 2022, under Sections 363, 366 & 376(3) of IPC and Section 6 read with 5(l) (j)(ii) of POCSO Act, Police Station Ranipur, District Haridwar, 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/accused is languishing in jail since 13.10.2022 and the charge sheet has already been filed; that, the evidence of prosecutrix as PW1 has been recorded by the trial court and she has not supported the prosecution case at all, she specifically denied any role of the applicant/accused in the crime alleged against him; that, besides this, the complainant i.e. the father of the prosecutrix was examined as PW2 and mother of the prosecutrix was examined as PW3 and they also have not supported the case of the prosecution.
Mr. Pramod Tiwari, Brief Holder for the State does not dispute the submissions made by counsel for the applicant.
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 ₹50,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.