High CourtsSingle Bench

Mahendra Singh vs State of Uttarakhand

Uttarakhand High Court · Decided on 15 February 2011 · Citation: (2011) 02 UK CK 0033

HON’BLE JUDGES
Prafulla C. Pant, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 164 · Penal Code, 1860 (IPC) — Section 363
RESULT
Allowed
CASE NUMBER
First Bail Application No. 111 of 2011

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Judgment

7 paragraphs · 178 words

Prafulla C. Pant, J.—Shri D.C.S. Rawat, Advocate, present for the applicant.

2.

Shri M.A. Khan, Brief Holder, present for the State.

3.

Applicant-Mahendra Singh, who is in jail in connection with crime No. 01 of 2011, relating to offence punishable u/s 363 IPC, Patwari Circle/Patti Udaypur Walla-2, Tehsil Yamkeshwar, District Pauri -2-Garhwal, has sought his release on bail.

4.

Heard learned Counsel for the parties.

5.

Learned Counsel for the applicant submitted that from the perusal of the FIR and statement of the girl recorded u/s 164 Cr.P.C., it is clear that allegation of rape is made against co-accused Rajesh. There is no allegation of rape as against the present applicant.

6.

Having considered submissions of learned Counsel for the parties, without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail.

7.

The bail application is allowed. Let the applicant Mahendra Singh be released on bail on executing personal bond and furnishing two sureties, each of like amount to the satisfaction of Chief Judicial Magistrate, Pauri Garhwal.