BA1/409/2022 of NOOR MOHAMMED ALIAS NOOR AHMED Vs STATE OF UTTARAKHAND
Parties
- Noor Mohammed alias Noor Ahmed … (PETITIONER)
- Mr. Lalit Miglani, A.G.A. with Ms. Sonika Khulbe, Brief Holder for the State (RESPONDENT)
Full text
solid underline = linked page · dashed underline = case is in our corpus, page not published yet · dotted red = recognized reference, not in our corpus
HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No. 409 of 2022
Noor Mohammed alias Noor Ahmed ….....Applicant
Versus
State of Uttarakhand ….….Respondent
Present:-
Mr. Vikas Anand, Advocate for the applicant.
Mr. Lalit Miglani, A.G.A. with Ms. Sonika Khulbe, Brief Holder for the State.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant Noor Mohammed alias Noor Ahmed is in judicial custody in FIR No.425 of 2021, under Sections 363, 366, 506, 120B IPC and Sections 16/17 of the Protection of Children from Sexual Offences Act, 2012, Police Station Ramnagar, District Nainital. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, co-accused had enticed the victim from her house. The allegations are against the applicant, as well.
4. Learned counsel for the applicant would submit that the co-accused had already been granted
bail; the victim did not support the prosecution in his examination before the Court; she has been declared hostile.
5. This fact is admitted by the learned State Counsel. Learned State counsel would also submit that there is no other biological or forensic evidence.
6. Having considered, this Court is of the view that it is case fit for bail and the applicant deserves to be enlarged on bail.
7. The bail application is allowed.
8. Let the applicant 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.
Sanjay
(Ravindra Maithani, J.) 14.06.2022