High CourtsSingle Bench

Atul vs State Of Uttarakhand

Uttarakhand High Court · Decided on 28 June 2023 · Citation: (2023) 06 UK CK 0102

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 376
RESULT
Allowed
CASE NUMBER
First Bail Application No. 240 Of 2023
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Judgment

9 paragraphs · 232 words

Alok Kumar Verma, J

1.

Present Bail Application has been filed for grant of regular bail in connection with the First Information Report No.139 of 2022, registered at police station Selaqui, District Dehradun under Section 376 of the Indian Penal Code, 1860.

2.

Heard Ms. Anmol Sandhu, learned counsel with Mr. Lalit Sharma, learned counsel for applicant and Mr. V.K. Gemini, learned Deputy Advocate General for the State.

3.

Admittedly, the victim (PW1) has not supported the case of the prosecution in her cross-examination.

4.

Ms. Anmol Sandhu, learned counsel appearing for the applicant has submitted that applicant has been implicated in the present matter; he has no criminal history and he is in custody since 13.09.2022.

5.

On the other hand, learned counsel for the State has opposed the bail application.

6.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

7.

The Bail Application is allowed.

8.

Let the applicant – Atul be released on bail on executing his personal bonds and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.