(1.) 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 First Information Report No.810 of 2022, registered at police station Kotwali Laksar, District Haridwar. Applicant is in custody under Ss. 354, 452, 506 of the Indian Penal Code, 1860 and Sec. 7 read with Sec. 8 of the Protection of Children from Sexual Offences Act, 2012.
(2.) Heard Mr. Shubhr Rastogi and Mr. D.P. Mittal, learned counsel for applicant and Mr. V.S. Rathore, learned A.G.A. for the State.
(3.) Mr. Shubhr Rastogi, learned counsel for the applicant contended that the applicant has been implicated in this matter; PW1 victim turned hostile in her cross-examination; she did not support the prosecution case in her cross-examination; PW2, informant of the First Information Report and the mother of the victim, has also not supported the case of the prosecution in her examination-in-chief; applicant is in custody since 31/8/2022; he is a permanent resident of District Haridwar and he has no criminal history.