SHANU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Applicant Shanu @ Shahnawaz, who is in judicial custody in FIR No. 233 of 2021, under Sec. 376(3) of IPC and under Sec. 4 of Protection of Children from Sexual Offences Act, 2012, Police Station Kashipur, District Udham Singh Nagar, has sought his release on bail.

(2.) Heard learned counsel for the parties and perused the material available on file.

(3.) Learned counsel for the applicant/accused would submit that the prosecutrix has been examined in the trial court, she has not stated anything against the applicant/accused and also she has not supported the case of the prosecution. He would further submit that the applicant/accused is an innocent person; that, he has falsely been implicated in the instant crime; that, he is in judicial custody since 14/7/2021; that, he has no previous criminal history; that, the co-accused Amit Bisht with similar role has been granted bail by this Court vide order dtd. 23/5/2023; that, the trial is likely to take some time, therefore, no purpose would be served by keeping the applicant/accused in jail.