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Judgment
Alok Kumar Verma, J
Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.48 of 2023, registered at police station Sahaspur, District Dehradun. Applicant is in judicial custody under Sections 363, 376, 511, 120 B, Section 506 of the Indian Penal Code, 1860 and Section 16/17 of the Protection of Children from Sexual Offences Act, 2012.
Mr. Bharat Chaudhary, Advocate, contended that the applicant has been falsely implicated in the present matter. Prosecutrix did not support the case of the prosecution. She has turned hostile. Applicant is a permanent resident of District Dehradun, therefore, there is no chance of his absconding. He has no criminal history, and, he is in custody since 14.02.2023.
Mr. Akshay Latwal, Brief Holder, has opposed the bail application. However, he has fairly conceded that the prosecutrix (PW1) has not supported the case of the prosecution.
Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.
The Bail Application is allowed.
Let the applicant –Nadim be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.