GULAB SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Applicant Gulab Singh, who is in judicial custody in Case Crime No.157 of 2022, under Ss. 452, 323, 328, 363, 366, 376(3), 506 of IPC and Sec. 3(a)/4(2) of POCSO Act, Police Station Khanpur, District Haridwar, has sought his release on bail.

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

(3.) Learned senior counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the instant case; that, Dr. Sushma Gupta who had medically examined the prosecutrix, was examined in the trial court as PW6 and has deposed that on the basis of pathology report she had prepared the supplementary medical report and as per the opinion of Pathologist there was no dead or live spermatozoa found on vaginal swabs. She would further submit that the applicant/accused in languishing in jail since 27/6/2022; that, all the important witnesses in the present case i.e. prosecutrix and her relatives have been examined in the trial court; and that, there is no chance of tampering with the evidence or influencing the witnesses.