RIYUJUL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present 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.115 of 2023, registered at police station Rudrapur, District Udham Singh Nagar. Applicant is in judicial custody under Ss. 363, 354, 354 D, 506 (2) of the Indian Penal Code, 1860 and Sec. 7 read with Sec. 8 of the Protection of Children from Sexual Offences Act, 2012. Charge-sheet was filed after completion of the investigation. Statement of the prosecutrix, (PW1), aged about 14 years, has been recorded.

(2.) Mr. Vikas Kumar Guglani, Advocate, has submitted that the applicant has been falsely implicated in the present matter. He is in judicial custody since 21/2/2023. He has no criminal history, and, he is a permanent resident of District Udham Singh Nagar. He contended that the alleged victim (PW1) did not support the case of the prosecution.

(3.) On the other hand, Mrs. Manisha Rana Singh, A.G.A. has opposed the bail application. However, she conceded that the prosecutrix (PW1) has not supported the case of the prosecution.