Ajay Prasad Alias Ajay Kumar v. State of Uttarakhand

BAI No.115 of 2019

Hon’ble R.C. Khulbe, J.

Mr. V.K. Guglani, learned counsel holding brief of Mr. N.S. Bisht, learned counsel for the applicant.

Mr. R.K. Joshi, learned Brief Holder for the State.

Heard learned counsel for the parties. Applicant- Ajay Prasad @ Ajay Kumar, who is in judicial custody in connection with FIR No. 93 of 2018 u/s 363, 366 of IPC, registered at P.S. Lalkuan, District Nainital, has sought his release on bail.

Learned Counsel for the applicant would submit that the applicant has falsely been implicated in the case, neither he kidnapped the prosecutrix nor committed any sexual offence against her. Apart from that the statement of prosecutrix has been recorded before the trial court. In her statement she did not say anything as alleged in the FIR.

It is argued by learned counsel for the State the offence is heinous in nature; hence, the applicant does not deserve bail.

From the perusal of the record, there is no sexual offence committed by the accused. The statement of prosecutrix has already been recorded before the lower court. In her statement she did not say anything as alleged in the FIR. The accused is languishing in jail since 01.05.2019

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.