Roshan Singh vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in Case Crime No.226 of 2020, under Sections, 363, 366, 368, 120-B IPC and Sections 5/6 and 16/17 of the Protection of Children from Sexual Offences Act, 2012, Police Station-Gadarpur, District- Udham Singh Nagar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

The applicant was earlier granted bail on 09.09.2020, but, subsequently, Non Bailable Warrants were issued against him and he was remanded to judicial custody, and his bail was rejected on 16.06.2023.

Learned counsel for the applicant would submit that the victim has not supported the prosecution case at trial; the victim has not stated anything against the applicant. Reference has been made to the statement of the victim recorded during trial on 30.10.2023, which is Annexure No.2 to the bail application.

Learned State Counsel admits that the victim has not supported the prosecution case, insofar as it relates to the applicant.

Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

The bail application is allowed.

Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.