The High Court of Uttarakhand allowed a bail application filed by the accused. The court observed that the applicant is not named in the FIR or the statement under Section 164 Cr.P.C. and there is no evidence linking him to the crime at this stage. Bail was granted on personal bond with two sureties.
Bail allowed on personal bond and furnishing two sureties.
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HIGH COURT OF UTTARAKHAND AT NAINITAL
ORIGINAL JURISDICTION
First Bail Application No. 1258 of 2013 Order on the Bail application of accused.
CRIMINAL SIDE
Saheed S/o Sarif Ahmed, R/o Vishnu Lok Colony, near Ahbaab Nagar, P.S. Jwalapur, District Haridwar. ………… Applicant Versus
State of Uttarakhand ………..Respondent Arising out of case crime no. 191 of 2013, Under Section 376 (Gha), 392 IPC Police Station Kotwali Ranipur, District Haridwar.
Dated: January 13, 2014
Hon’ble V.K. Bist J.
Mr. Shashikant Shandilya, Advocate for the
accused/applicant.
Mr. M.A. Khan, A.G.A. for the State.
Counter affidavit filed in the Court today, same is taken on record.
Heard learned counsel for the parties and perused the record.
Learned counsel for the applicant submitted that the applicant is neither named in the F.I.R. nor in the statement recorded under Section 164 Cr.P.C. He contended that even in the F.I.R., only this much statement has come that the victim on her own came to Haridwar and started residing there, when two boys came and committed rape upon the victim. It is then contended that there is nothing on record on the basis of which it can be said that the applicant is involved in the crime.
2
Considering the submission of learned counsel for the applicant and without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail at this stage.
The bail application is allowed. Let the applicant be released on bail, on his executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the concerned Magistrate.
(V.K. Bist, J.) Vacation Judge 13.01.2014
Sanjay
1 issue framed by the court
Whether bail is to be granted to the applicant in the present circumstances.
Saheed S/o Sarif Ahmed
State of Uttarakhand
V.K. Bist
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
