This court rejected a bail application filed by the accused charged with rape and abduction. The judgment emphasizes the severe nature of the continuous rape committed over 12 days, including acts by multiple persons, concluding that bail could not be granted at this stage.
The bail application was rejected; the accused was not enlarged on bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION
Dated: Nainital the 6th day of July, 2006 Bail Application No. 587 of 2006
Order on the bail application of accused
CRIMINAL SIDE
Balbeer S/o Sri Hira R/o Village Sejad Patwari Area Kwasi
Tehsil Chakrata District Dehradun
…….Applicant
Versus
State of Uttaranchal ….Opposite Party
Arising out of case crime No. 2 of 2002 Under Sections 366 (A), 363, 376 I.P.C. Patwari Chowki Darso Tehsil Badkot District Uttarkashi
By the court
Hon'ble B.C. Kandpal, J.
The applicant has applied for bail in case crime No. 2 of 2004 under Section 366 (A), 363, 376 I.P.C., Patwari Chowki Darso Tehsil Badkot District Uttarkashi.
Heard Sri K.S. Verma, learned counsel for the applicant, learned A.G.A. and perused the record.
The record reveals that the prosecutrix was subjected to rape for continuously 12 days by different persons including the applicant. The prosecutrix in her statement has made it clear that she was subjected to rape by the different persons every night including the present applicant and she was ground to enlarge the applicant on bail at this stage.
Accordingly, the bail application is rejected.
(B.C. Kandpal, J.)
06.07.2006 ASWAL
1 issue framed by the court
Whether the accused should be enlarged on bail in a rape case involving prolonged continuous rape.
1 provisions across 1 enactments
Balbeer S/o Sri Hira
B.C. Kandpal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
