Sachin Chauhan vs State Of Uttarakhand

Alok Kumar Verma, J

Present Third Bail Application has been filed for grant of regular bail in connection with the First Information Report No. 55 of 2021, registered at police station Ranipur, District Haridwar. Applicant is in judicial custody under Sections 354A, 506 of the Indian Penal Code, 1860 and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012.

The First Bail Application (No. 817 of 2021) was dismissed on 06.10.2021. The Second Bail Application (No. 151 of 2022) was dismissed on 05.09.2022.

Heard Mr. Mani Kumar, learned counsel for the applicant and Mr. S.T. Bhardwaj, learned Deputy Advocate General for the State.

Mr. Mani Kumar, Advocate, contended that the applicant is in judicial custody since 16.02.2021. He has been falsely implicated in the present matter. He is a permanent resident of District Rampur (Uttar Pradesh), therefore, there is no likelihood of his absconding as well. Prosecution has examined six witnesses, therefore, there is no chance of tampering with the evidence, and, the applicant has no criminal history.

On the other hand, learned counsel for the State has opposed the bail application. However, he has fairly conceded that the applicant has no criminal history.

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 Third Bail Application is allowed.

Let the applicant- Sachin Chauhan 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 with the following conditions :-

i) Applicant shall attend the trial court regularly and he will not seek any unnecessary adjournment;

ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, Prosecution will be free to move the court for cancellation of bail.