Allowed

Devender v. State Of Uttarakhand

Uttarakhand HC3 Jan 2014BA1/7/2014

Case brief

AI extract

What is this about?

This single-paragraph order allowed a bail application for an applicant detained in connection with an FIR alleging offences under Sections 354-A, 363, and 366 of the IPC. The court observed the applicant's contention regarding victim credibility but decided without expressing final opinion on merits.

What did the court decide?

Release on bail on executing personal bond and furnishing two local sureties to the satisfaction of the concerned Magistrate.

Devender Vs State Of Uttarakhand — Bail and Remand | Uttarakhand HC (2014)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Original Jurisdiction

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Dated: Nainital: the 3^rd day of January, 2014 1st Bail Application No.7 of 2014

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Order on the Bail Application:

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CRIMINAL SIDE

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Devender S/o Chand Singh R/o Gram Rohat, P.S. Sonipath, Hariyana.

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………Applicant

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Versus

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State of Uttarakhand …… Opposite Party

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Arising out of Case Crime No. 354 of 2013, Under Section- 354-A, 363, 366 of I.P.C., registered on the basis of F.I.R. dated 24.11.2013 at Police Station Patel Nagar, District Dehradun.

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Hon’ble V.K. Bist, J.

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Mr. Karan Anand, Advocate for the applicant. Mr. Prabhakar Joshi, Brief Holder for the State. Heard learned counsel for the parties.

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Applicant Devender, who is in jail in connection with Case Crime No. 354 of 2013, Under Section354-A, 363, 366 of I.P.C., registered on the basis of F.I.R. dated 24.11.2013 at Police Station Patel Nagar, District Dehradun, has sought his release on bail.

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Learned counsel for the applicant contended that from the perusal of the F.I.R., no offence is made

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out against the applicant under Section 354-A, 363 and 366 I.P.C. He submitted that the applicant has falsely been implicated in the present crime and he has no previous criminal history. He submitted that the girl, who is shown as victim, is 34 years of age and in past, she has lodged similar type of false F.I.R.’s against different persons at Chandigarh & Delhi and in those F.I.R’s, she has given her different addresses. He submitted that in the matter in which F.I.R. was registered at Chandigarh, the matter was later on compromised. He further submitted that the said girl is habitual of involving the innocent persons in the false cases and thereafter, she herself makes compromise in those matters.

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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.

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The bail application is allowed. Let the applicant Devender be released on bail, on executing personal bond and furnishing two local sureties, each of the like amount, to the satisfaction of the concerned Magistrate.

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Arpan

Devender v. State Of Uttarakhand

Case brief

What is this about?

What did the court decide?

Devender v. State Of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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