The High Court of Uttarakhand granted regular bail to the applicant, Nanhey, in a POCSO/rape case. The court noted the State conceded the victim and informant did not support the prosecution in lower trials and allowed release on personal bond and sureties.
Released on bail by executing a personal bond and furnishing two reliable sureties in like amounts.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
7TH OCTOBER, 2021
FIRST BAIL APPLICATION NO. 2461 of 2021
Between:
Nanhey S/o Sri Mahendra Singh
…Applicant
and
State of Uttarakhand. …Respondent
Counsel for the Applicant : Mr. Lalit Sharma.
Counsel for the Respondent : Mr. Lalit Miglani, learned A.G.A for the State.
Hon’ble Alok Kumar Verma,J.
This bail application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with F.I.R. No.42 of 2021, registered with Police Station I.T.I., District Udham Singh Nagar for the offence under Sections 363, 366, 376(2) of I.P.C. and Section 5( l )/6 of the Protection of Children from Sexual Offences Act, 2012..
2
3
of the case, this Court is of the view that the applicant deserves bail at this stage.
___________________ ALOK KUMAR VERMA, J.
Dt: 07th October, 2021 Mamta
3 issues framed by the court
Whether bail should be granted to the applicant facing charges of rape and offences under the POCSO Act.
Whether the rebuttal of the prosecution case in lower court proceedings affects the bail decision.
Whether the applicant satisfies the requirements for release on bail without being kept behind bars.
Nanhey
State of Uttarakhand
Alok Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
