High CourtsSingle Bench

Ashwani Sharma vs State of Uttarakhand

Uttarakhand High Court · Decided on 22 March 2012 · Citation: (2012) 03 UK CK 0077

HON’BLE JUDGES
Prafulla C. Pant, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 363, 376, 511
RESULT
Allowed
CASE NUMBER
1st Bail Application No. 189 of 2012

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

5 paragraphs · 181 words

Hon''ble Prafulla C. Pant, J.—Mr. K.S. Verma, Advocate, present for the applicant. Mr. M.A. Khan, Brief Holder, present for the State.

2.

Heard.

3.

Applicant Ashwani Sharma, who is in jail in connection with Crime No. 326 of 2011, relating to offences punishable u/s 363, 376/511 I.P.C., Police Station- Kotwali, District Dehradun, has sought his release on bail.

4.

Learned counsel for the applicant submitted that applicant has falsely been implicated in the case. There is no allegation of commission of rape. What is alleged in the First Information Report is that had the complainant and others not reached at the spot, the applicant could have committed rape on the girl.

5.

In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail. The bail application is allowed. Let the applicant Ashwani Sharma, be released on bail, on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Dehradun. (Urgency Application No. 1385 of 2012, stands disposed of).