Allowed

Mohit v. State of Uttarakhand

Uttarakhand HC3 Mar 2021BA1/977/2020

Case brief

AI extract

What is this about?

The High Court granted bail to an accused charged under the IPC and POCSO Act. After examining the prosecutrix's statement, where she made no allegations against the accused regarding sexual offences or kidnapping, the Court ruled it was a fit case for bail without analyzing the case's merits.

What did the court decide?

Bail application allowed; applicant to be released on bail bond furnishing two reliable sureties.

Mohit 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
			BA1 No.977 of 2020 Hon’ble R.C. Khulbe, J. Mr. Anurag Sharma, learned counsel for the applicant. Mr. Subhas Tyagi, learned Dy.A.G. for the State. Accused – Mohit has sought his release on bail in connection with Case Crime/FIR No.218 of 2019, u/s 376, 323, 341, 504, 506 of IPC and u/s 5, 6, 11, 12 of POCSO Act, registered at Police Station –Jaspur, District Udham Singh Nagar. It is argued that the accused has been falsely implicated; there is no criminal history against him; he is languishing in jail since 05.09.2019. Apart from that the prosecutrix appeared as PW-1 before the concerned court and she did not make any allegation against the present applicant regarding sexual offence; he is ready to furnish the surety and he may be granted bail. Per contra, learned counsel for the State opposed for bail but fairly submitted that the statement of prosecutrix recorded as PW-1 before the concerned court in which she did not make any allegation against the accused. I have gone through the statement of prosecutrix recorded before the concerned court and found that she did not make any allegation against him regarding sexual offence or kidnapping; accordingly, without going into merits of the case, it is a fit case for bail at this stage.

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Accordingl and the applicant on his executing reliable sureties satisfaction of the Pending ap of.	y, the ba is direct personal in the Court co plication	il application is allowed ed to be released on bail bond and furnishing two like amount, to the ncerned. , if any, stands disposed
BS		(R.C. Khulbe, J.) 03.03.2021

Mohit v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Mohit v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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