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2023 Supreme(UK) 107
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Govind - Appellant
Versus
State of Uttarakhand - Respondent
First Bail Application No. 2655 of 2021
Decided On : 02-01-2023
Important Points
Subject
Criminal Law - Bail Applications
Act Referred
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT : S.5, S.6
Headnote
Bail - Criminal Law - Release of Applicant on Bail
Fact of the Case:
Applicant sought release on bail in a case involving charges under Sections 376, 377 IPC and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012.
Finding of the Court:
The victim and the informant did not support the prosecution case. The forensic report revealed the DNA of the applicant on the victim. The court found the case fit for bail and granted the applicant's release on bail.
Issues: Support of prosecution case by victim and informant, forensic evidence
Ratio Decidendi: The lack of support from the victim and informant, coupled with the forensic evidence, led the court to grant bail to the applicant.
Final Decision: The bail application was allowed, and the applicant was ordered to be released on bail upon executing a personal bond and furnishing two reliable sureties.
Vikas Anand, Advocate, Lalit Miglani, Advocate, Sonika Khulbe, Advocate
JUDGMENT
Ravindra Maithani, J. - Applicant Govind is in judicial custody in FIR No.201 of 2021, under Sections 376, 377 IPC and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Rudrapur, District- Udham Singh Nagar. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. It is argued by learned counsel for the applicant that the victim and the informant, who is the father of the victim, both have not supported the prosecution case.
4. Learned State Counsel admits that the informant and the victim both have not supported the prosecution case, but according to him, the forensic report reveals that on the top of the victim, the DNA of the applicant was also detected.
5. Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
6. The bail application is allowed.
7. Let the applicant 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.
