Rohit Kumar filed his third bail application challenging his detention in an offence under IPC and POCSO. The single-judge bench allowed bail, noting the victim did not support the prosecution and a co-accused was already released, finding the applicant fit for bail.
Release on bail on executing a 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.
HIGH COURT OF UTTARAKHAND AT NAINITAL
Third Bail Application No. 10 of 2022
Rohit Kumar ….....Applicant
Versus
State of Uttarakhand ….….Respondent
Present:-
Mr. Mehboob Rahi, Advocate for the applicant. Mr. Lalit Miglani, A.G.A. for the State.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant Rohit Kumar is in judicial custody in FIR No.352 of 2020, under Sections 504, 506 IPC and Sections 16/17 of the Protection of Children from Sexual Offences Act, 2012, Police Station Jaspur, District Udham Singh Nagar. He has sought his release on bail.
2
Subsequent to it, the co-accused Preetam Singh has already been granted bail having similar role.
(Ravindra Maithani, J.) 25.04.2022
Sanjay
2 issues framed by the court
Whether the applicant is entitled to bail in an offence under POCSO where the victim has not supported the prosecution and a co-accused has been released.
Whether the case is fit for bail given the lack of corroboration by the complainant and similar bail granted to a co-accused.
Rohit Kumar
State of Uttarakhand
Ravindra Maithani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
