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Sifat Kaji vs State of Uttarakhand

Uttarakhand High Court · Decided on 23 September 2011 · Citation: (2011) 09 UK CK 0132

HON’BLE JUDGES
Prafulla C. Pant, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 323, 376(2), 504, 506
RESULT
Allowed
CASE NUMBER
First Bail Application No. 439 of 2011
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Judgment

4 paragraphs · 162 words

Prafulla C. Pant, J.—Applicant-Sifat Kaji, who is in jail in connection with crime No. 23 of 2011, relating to offences punishable u/s 376(2)g/323/504/506 Indian Penal Code, Police Station Clement Town, District Dehradun, has sought his release on bail.

2.

Heard learned Counsel for the parties.Though the allegations in the FIR are serious in nature, but attention of this Court is drawn to the statement of the girl (victim) recorded by the trial court (Sessions Judge, Dehradun) on 09.09.2011, in Sessions Trial No. 119 of 2011, wherein she has not supported the prosecution story against the applicant, and she was declared hostile.

3.

In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail.

4.

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