Salman vs State Of Uttarakhand

Vivek Bharti Sharma, J

Applicant Salman, who is in judicial custody in Case Crime No. 891 of 2022, under Sections 363, 366, 376(2)n, 376(3) of IPC and under Sections 5 (L)/6 of POCSO Act, Police Station Bhagwanpur, District Haridwar, has sought his release on bail.

Heard learned counsel for the parties and perused the record.

Learned counsel for the applicant would submit that the complainant happens to be the father-in-law of the applicant/accused and the allegation against the applicant/accused is that he had abducted and committed rape upon his sister-in-law (complainant’s daughter). However, in the trial court, the complainant and the prosecutrix have not supported the prosecution case even to the iota.

Learned counsel for the State Mr. Dinesh Chauhan would vehemently oppose the bail application, but would admit at Bar that the complainant and the prosecutrix have not supported the case of the prosecution during the trial.

Having considered the entirety of facts, without expressing any opinion as to the final 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 bail, 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.