BA1/1636/2021 of DANISH Vs STATE OF UTTARKAHAND

Court: Uttarakhand High Court
Decision date: 2021-09-06
Case number: 1636 of 2021

Parties

BA1/1636/2021 of DANISH (PETITIONER)
STATE OF UTTARKAHAND (RESPONDENT)

Cites (1)

B.S. JOSHI AND ORS. versus STATE OF HARYANA AND ANR. (2003)

Statutes cited (2)

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|**SL.** **No**|**Date**|**Office Notes,** **reports, orders or** **proceedings or** **directions and** **Registrar’s order** **with Signatures**||**COURT’S OR JUDGES’S ORDERS**| |
|---|---|---|---|---|---|
|||||BA1 No.1636 of 2021 **Hon’ble R.C. Khulbe, J.** Mr. R.K. Chauhan and Mr. D.C.S. Rawat, learned counsel for the applicant. Ms. Pushpa Bhatt, learned Dy.A.G. along with Mr. Siddharth Bisht, learned B.H. for the State. Accused–Danish has sought his release on bail in connection with Case Crime/FIR No.207/2021 u/s 363, 366-A, 120-B IPC and 16/17 of POCSO Act, registered at P.S. Patel Nagar, District Dehradun. It is argued that the accused has been falsely implicated; he is languishing in jail since 05.05.2021; there is no criminal history nor any evidence against him; he is ready to furnish the sureties and may be granted bail. Per contra, learned counsel for the State opposed for bail but fairly submitted that accused Haider has been arrested and all the allegations are levelled against him. The accused is languishing in jail since 05.05.2021; he has no criminal history; he is not named in the FIR; there is no allegation against him; statement of prosecutrix was recorded U/s 164 Cr.P.C. in which she has levelled all the allegations against Haider; there is no allegation against the present accused, accordingly, without making any comment on the merits, it is fit case for bail at this stage. The bail application is thus, allowed and the applicant is directed to be released on bail on his executing personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned. Pending application, if any, stands disposed of. **(R.C. Khulbe, J.)** **26.07.2021** Sukhbant||