HC of Uttarakhand allowed bail application by Dalveer Singh accused of offences under IPC and POCSO. Bail granted due to prosecutrix not supporting prosecution story despite initial allegations of sexual offence.
Release on bail on execution of personal bond and furnishing two reliable sureties.
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.
| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| BA No.733 of 2021 Hon’ble R.C. Khulbe, J. Mr. Avdit Noliyal, learned counsel for the applicant. Mr. Pankaj Joshi, learned B.H. for the State. Accused–Dalveer Singh has sought his release on bail in connection with Case Crime/FIR No. 690 of 2020 under Sections 363, 376, 511 of IPC and U/s 7/8 of POCSO Act, registered at P.S. Rudrapur, District Udham Singh Nagar. It is argued that the accused has been falsely implicated; he is languishing in jail since 01.12.2020; there is no evidence against him; he is ready to furnish the sureties and may be granted bail. Per contra, learned counsel for the State although opposed for bail but fairly submitted that the prosecutrix, who appeared as PW1 before the Court, did not support the prosecution story. I have gone through the statement and found that the prosecutrix did not support the prosecution’s story; she did not say anything against the accused about the 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.) 08.11.2021 R. Bisht |
2 issues framed by the court
Whether bail is maintainable when the prosecutrix does not support the prosecution story in a criminal case involving POCSO.
Whether the applicant is eligible for release on bail in circumstances where the victim allegedly retracted the allegations.
Dalveer Singh
State
R.C. Khulbe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
