BA1/2282/2019 of DHEERAJ GUPTA Vs STATE OF UTTARAKHAND

BAI No.2282 of 2019 Hon’ble R.C. Khulbe, J.

Mr. Arvind Vashistha, learned Sr. Counsel assisted by Mr. Vivek Pathak, learned counsel for the applicant.

Mr. T.C. Aggarwal, learned A.G.A. along with Ms. Mamta Joshi, learned Brief Holder for the State.

Heard learned counsel for the parties.

Applicant- Dheeraj Gupta has sought his release on bail in connection with Case Crime/ FIR No. 570 of 2019, u/s 354 of IPC and u/s 9(f)/10 of POCSO Act, registered at P.S. Kotwali Roorkee, District Haridwar.

It is argued by learned counsel for the applicant that the applicant has falsely been implicated in the crime and no offence is made out against him. Apart from that as per the statements of students recorded under Section 164 Cr.P.C., the occurrence took place in the year 2017-18, while FIR was lodged on 12.09.2019, the delay of lodging the FIR is not properly explained; as per the FIR the offence does not come into the definition of Section 9 of POCSO Act, and there is no medical evidence on record, he is languishing in jail since 13.09.2019, there is no criminal history.

On the other hand, learned counsel for the State has opposed the bail but admitted that there is no medical evidence on record.

Without making any comment as to the final merits of the case, I am of the view that the applicant deserves bail at this stage. The bail application is, accordingly, allowed.

Let the applicant be enlarged on bail on executing personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.

All pending applications, if any, stand disposed of accordingly.

(R.C. Khulbe, J.)

13.03.2020