Farman Ali vs State of Uttarakhand

Sudhanshu Dhulia, J. (Oral)

Heard Mr. M.S. Pal, Senior Advocate assisted by Mr. M.K. Ray, Advocate for the applicant, Mr. Pankaj Joshi, Brief Holder for the State and Mr.

Harshpal Sekhon, Advocate for the complainant.

The applicant is in jail having been implicated in FIR No. 226 of 2016, which has been registered under Sections 363/366/376-D/342 and 506 of IPC

and under Sections 3/4 and 17 of the Protection of Children from Sexual Offences Act, at Police Station Gadarpur, District Udham Singh Nagar.

The applicant is in jail since 12.03.2018. Learned counsel for the applicant submits that the applicant was not named in the first information report and

the prosecutrix has not made any allegation of rape against the present applicant in her statement under Section 161 of CrPC and the allegation of

rape is against one Shavez. Learned counsel for the applicant further submits that the allegation of rape has been made by the prosecutrix against the

applicant subsequently in her statement under Section 164 of CrPC which was recorded after three-four days of her recovery.

Considering the overall facts and circumstances of the case and the fact that the applicant is in jail since 12.03.2018, prima facie, the applicant has

been able to make out a case for bail at this stage. The bail application is allowed accordingly.

Let the applicant be enlarged on bail in the aforesaid crime on his executing a personal bond and two reliable sureties each in the like amount to the

satisfaction of the Magistrate concerned/Court concerned.

It is made clear that any observation made by this Court is only for the purpose of deciding the present bail application and the same shall not be taken

into consideration at all in any other proceedings.