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Amit Kumar Tripathi vs State of Uttarakhand

Uttarakhand High Court · Decided on 1 November 2017 · Citation: (2017) 11 UK CK 0009

HON’BLE JUDGES
Sudhanshu Dhulia
ACTS & SECTIONS REFERRED
<a href=1767>Indian Penal Code, 1860</a>, <a href=1767-376>Section 376</a>, <a href=1767-506>Section 506</a>, <a href=1767-504>Section 504</a> - Punishment for rape - Punishment for criminal ,intimidation - Intentional insult with intent to provoke breach of the peace · <a href=6893>Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989</a>, <a href=6893-3>Section 3(2)(v)</a> - Punishments for offences of atrocities
CASE NUMBER
761 of 2017
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Judgment

7 paragraphs · 354 words
1.

Heard Mr. M.S. Pal, Senior Advocate assisted by Mr. Lalit Samant, Advocate for the applicant and Mr. Subhash Tyagi Bhardwaj, Deputy Advocate General for the State of Uttarakhand.

2.

The applicant is in jail having been implicated in FIR No. 31 of 2017, which has been registered under Sections 376 / 504 / 506 of IPC and Section 3 (2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, at Police Station Cantt., District Dehradun.

3.

The commission of offence under Sections 376 / 504 / 506 of IPC and Section 3 (2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act relates to about previous three years, to the lodging of the first information report, where the main ingredients are that the applicant had physical relation with the prosecutrix on a false promise of marriage. There is also an allegation of rape.

4.

Nothing on the merits of the case has been said by this Court as the applicant is presently facing a trial before the trial court. However, it is made clear that the bail of the present applicant shall be subject to the following conditions:-

The applicant shall cooperate in the ongoing trial. The trial shall be a continuous trial in letter and spirit of Section 309 of CrPC. In case the applicant does not cooperate in the trial, the prosecution would be at liberty to seek cancellation of his bail before this Court. Meanwhile, the trial court shall proceed in the matter as expeditiously as possible without granting any undue adjournments to any of the parties. 5. In view of the above conditions, the present bail application of the applicant is allowed.

6.

Let the applicant be enlarged on bail in the aforesaid crime on his executing a personal bond and two reliable sureties each of the equal amounts to the satisfaction of the Magistrate concerned/court concerned.

7.

It is made clear that any observations made by this Court are only for the purposes of grant of bail. It shall not be taken into consideration at all in any other proceedings.