High CourtsSingle Bench

Rohit Kumar vs State of Uttarakhand

Uttarakhand High Court · Decided on 3 November 2017 · Citation: (2017) 11 UK CK 0012

HON’BLE JUDGES
Sudhanshu Dhulia
ACTS & SECTIONS REFERRED
<a href=1767>Indian Penal Code, 1860</a>, <a href=1767-420>Section 420</a>, <a href=1767-376>Section 376</a> - Cheating and dishonestly inducing delivery of property - Punishment for rape
RESULT
Disposed
CASE NUMBER
1399 of 2017
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Judgment

7 paragraphs · 223 words
1.

Heard Mr. B.N. Molakhi, Advocate for the applicant and Mr. Subhash Tyagi Bhardwaj, Deputy Advocate General, for the State of Uttarakhand.

2.

The applicant is in jail having been implicated in Case Crime No.307 of 2017, which has been registered under Sections 376 / 420 of IPC, at Police Station - Patel Nagar, District- Dehradun.

3.

The allegation against the applicant is that he had promised the prosecutrix that he will marry her and on the basis of that promise, he has sexually exploited her. Moreover, the offences relate to eight years back and both the applicant and the prosecutrix are major.

4.

Considering the overall evidence, which is presently available before this Court and the fact that applicant is in jail since 21.06.2017, prima facie, the applicant has been able to make out a case for bail. The bail application is allowed accordingly.

5.

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.

6.

It is made clear that any observations made by this Court are only for the purposes of grant of bail. It shall not be taken into consideration at all in any other proceedings.

7.

Urgency application (IA No. 5139 of 2017) stands disposed.