Allowed

Dinesh v. State of Uttarakhand

Uttarakhand HC25 Oct 2021BA1/1821/2021

Case brief

AI extract

What is this about?

Single judge allowed the bail application of an accused in a trial under IPC sections and POCSO, holding that with a hostile prosecutrix and no evidence, it was a fit case for bail without detailed merit analysis. The applicant was directed to furnish bond and sureties.

What did the court decide?

Allowed bail application; directed release on personal bond and two reliable sureties of like amount.

Dinesh Vs State of Uttarakhand — Child Sexual Offences (POCSO) | Uttarakhand HC (2021)

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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
			BAI No.1821 of 2021 Hon’ble R.C. Khulbe, J. Mr. Ravi Bisht, learned counsel holding brief of Mr. Lokendra Dobhal, learned counsel for the applicant. Mrs. Pushpa Bhatt, learned DAG along with Mr. Siddhartha Bisht, learned B.H. for the State. Accused–Dinesh has sought his release on bail in connection with Case Crime/FIR No.105 of 2021, u/s 363, 366-A, 376 IPC and u/s ¾ of POCSO Act, registered at P.S. Sehaspur, Distt. Dehradun. It is argued that the accused has been falsely implicated; he is languishing in jail since 23.05.2021; there is no evidence against him; the statement of prosecutrix has already been recorded before the trial court in which she did not support the prosecution story and declared hostile; he is ready to furnish the sureties; and he may be granted bail. Per contra, learned counsel for the State admitted this fact. In the present matter, the accused is languishing in jail since 23.05.2021 having no criminal history; as per the statement of prosecutrix PW-1; she did not make any allegation against the applicant regarding the sexual offence and kidnapping; accordingly, she was declared hostile by the concerned court; there is no evidence against him; thus, without going into merits of the case, it is a fit case for bail at this stage. Accordingly, bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond and furnishing two reliable sureties in the like amount, to the satisfaction of the Court concerned. Pending application, if any, stands disposed of. (R.C. Khulbe, J.) 25.10.2021 BS

Dinesh v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Dinesh v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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