HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No. 1002 of 2023 Lalita Prasad ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Ms. Reema Rana, Legal Aid Counsel for the applicant. Mr. Rakesh Joshi, Brief Holder for the State. Hon’ble Ashish Naithani, J. (Oral) 1. The applicant is in judicial custody in connection with FIR No. 0148 of 2022, registered under Sections 376-D, 376-A, 120-B, and 506 of the IPC, and Sections 5/6 of the POCSO Act, at Police Station Kichha, District Udham Singh Nagar. The applicant seeks release on bail. 2. Heard learned counsel for the parties and perused the record. 3. According to the FIR, on 06.04.2022, at about 8:00 PM, the complainant's minor daughter went out to fetch milk. While returning home, she was allegedly sexually assaulted by one Raju, with the applicant and other co-accused supporting him. 4. Learned counsel for the applicant submitted that it was co-accused Raju who committed the rape upon the victim, 2 and the applicant was not present at the place of the incident. No specific role has been assigned to the applicant. Based on the records and the investigation conducted thus far, it cannot be said with certainty that the applicant assaulted the victim in any manner whatsoever. Therefore, there is no question of the applicant, Lalita Prasad, intimidating, abducting, or gagging the victim with a cloth, or committing any form of sexual assault upon her. 5. On the other hand, learned Government Counsel submitted that although the victim has not directly implicated the applicant in assaulting or intimidating her, she has clearly stated in her statement that the applicant was present and accompanied the accused Raju and Deepu during the commission of the crime. 6. After hearing the arguments of learned counsel for the parties, I am of the opinion that, without delving into the merits of the case at this stage, which may adversely affect the trial, the applicant deserves to be released on bail. According to the victim's statement, the applicant was present a few feet away when the main accused sexually assaulted her after gagging her with a cloth and forcibly committing the act in the applicant’s presence. 3 7. Considering the overall facts and circumstances, this Court finds that the applicant is entitled to bail. 8. The bail application is allowed. 9. Let the applicant be released on bail upon executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. 10. List the connected matter, i.e., BA1 No. 1153 of 2023, thereafter. (Ashish Naithani, J) 10.01.2025 R.Uniyal