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Judgment
12 paragraphs · 216 wordsSudhanshu Dhulia, J. (Oral)
Heard Mr. B.M. Pingal, Advocate for the applicant and Mr. J.S. Virk, AGA, for the State of Uttarakhand.
The applicant is in jail having been implicated in Case Crime No.36 of 2017 (Sessions Trial No.03 of 2018), which has been registered under Sections
376, 452 and 506 of IPC, at Police Station â€" Gairsain, District- Chamoli.
Learned counsel for the applicant submits that both the applicant and the prosecutrix are major and the FIR itself was lodged after a period of more
than six months of the alleged incident. The applicant is in jail since 21.12.2017.
Considering the overall evidence, which is presently available before this Court and the fact that the FIR is highly belated and the applicant is in jail
since 21.12.2017, prima facie, the applicant has been able to make out a case for bail. 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 of the equal amount to the
satisfaction of the Magistrate/Court concerned.
It is made clear that any observation made by this Court is only for the purpose of deciding the present bail application. It shall not be taken into
consideration at all in any other proceedings.