Bail application allowed for accused in kidnapping and sexual offence cases. Court noted prosecutrix did not support prosecution version.
Released on bail on executing a personal bond and furnishing two reliable sureties.
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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.1746 of 2021 Hon’ble R.C. Khulbe, J. Mr. M.K. Ray, learned counsel for the applicant. Mrs. Meena Bisht, learned B.H. for the State. Accused–Rakesh Tomar has sought his release on bail in connection with Case Crime/FIR No.06/2021 U/s 363, 366, 376 IPC and U/s 3/4 of the POCSO Act, registered at P.S. Khatima, District Udham Singh Nagar. It is argued that the accused has been falsely implicated; he is languishing in jail since 07.02.2021; there is no evidence against him; prosecutrix appeared as PW1 before the trial Court but she did not support the prosecution’s story; he is ready to furnish the sureties and may be granted bail. Per contra, learned counsel for the State opposed for bail but fairly admitted the above fact. I have also gone through the statement of the prosecutrix, who appeared as PW1 before the trial Court and found that she did not support the prosecution’s story regarding kidnapping and sexual offence; accordingly, without making any comment on the merits, it is a 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 a 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.) 12.11.2021 Sukhbant |
1 issue framed by the court
Whether bail is a fit case given the prosecutrix did not support the prosecution story.
Rakesh Tomar
The State
R.C. Khulbe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
