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Judgment
Vivek Bharti Sharma, J
Applicant Firoz, who is in judicial custody in Case Crime No.358 of 2022, under Sections 376, 506 IPC, Police Station Bhagwanpur, 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 in judicial custody since 30.04.2022; charge sheet has been filed and; statement of the prosecutrix has already been recorded. He would further submit that there is material improvement by the complainant in her statement in the trial court. He drew attention of the Court to the statement of the prosecutrix/complainant recorded in the trial court.
Per contra, Mr. Sidhartha Bisht, Brief Holder for the State would vehemently oppose the bail application and would submit that the allegations are quite serious and the complainant/prosecutrix has consistently supported the prosecution case at all the stages right from the FIR to till date, whether it is her statement recorded u/s 161 Cr.P.C., or statement u/s 164 Cr.P.C. or her evidence recorded in the lower court. .
In the circumspection of facts, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that the applicant does not deserve bail at this stage.
The bail application is, accordingly, rejected.