BA1/306/2022 of VIJAYPAL Vs STATE OF UTTARAKHAND

Court: Uttarakhand High Court
Decision date: 2022-12-23
Case number: 306 of 2022

Parties

BA1/306/2022 of VIJAYPAL (PETITIONER)
STATE OF UTTARAKHAND (RESPONDENT)

Statutes cited (1)

indian penal code, 3 (1860)

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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**|
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|||||BA1 No.306 of 2022 **Hon’ble N.S. Dhanik, J.** Mr. Gaurav Singh, learned counsel for the applicant. Mr. V.S. Rathore, learned A.G.A. for the State. Heard learned counsel for the parties. This is the first bail application moved on behalf of the applicant seeking regular bail in connection with FIR/Case Crime No. 870 of 2019 for the offences punishable under Sections 368, 370 IPC and Section 16/17 of POCSO Act, registered at PS Laksar, District Haridwar. Learned counsel for the applicant submits that the applicant has falsely been implicated in the instant crime; that the applicant has no criminal history; that the victim and her mother did not support the prosecution version and declared hostile before the trial court; that there is no evidence on record against the applicant and the applicant is languishing in jail since long. He further submits that if the applicant is granted bail, he will not misuse the same. Learned State Counsel although opposed the bail application but admitted the fact that the victim as well as her mother has turned hostile before the trial court and also admitted the fact that the applicant has no previous criminal history. Considering the facts and circumstances of the case and without expressing any opinion as to the final merits of the case,this Court is of the view|

||||that the applicant deserves bail at this stage. The bail application is allowed. Let the applicant be released on bail, on executing a personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. Let certified copy of this order be supplied to learned counsel for the parties on payment of usual charges today itself. **(N.S. Dhanik, J.)** 09.03.2022 RV|
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