(1.) The present Bail Application has been filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.13 of 2022, registered with Police Station Tallital, District Nainital for the offence under Ss. 363, 366, 376(3) of the Indian Penal Code, 1860 and Sec. 3/4 of the Protection of Children from Sexual Offences Act, 2012.
(2.) Heard Mr. Rohit Kumar Gaur, learned counsel for the applicant and Mr. Pankaj Joshi, learned Brief Holder for the State.
(3.) Mr. Rohit Kumar Gaur, learned counsel for the applicant, submitted that the prosecutirx (PW1) (Annexure No.2) did not support the prosecution case; the applicant has no criminal history; he is a permanent resident of District Almora and he is in custody for more than seven months.