Allowed

Reshma Bano Alias Priya v. State of Uttarakhand

Uttarakhand HC21 Nov 2019BA1/2251/2019

Case brief

AI extract

What is this about?

The court allowed the bail application for an accused in a case under sections 3, 4, 5, 6 of the Immoral Trafficking Act and section 370 IPC. The court held it was a fit case for bail based on factors including that the case is triable by a Magistrate and realties surfaced despite victim statements.

What did the court decide?

Application allowed; applicant released on bail by executing a personal bond with two sureties.

Reshma Bano Alias Priya Vs State of Uttarakhand — Bail and Remand | Uttarakhand HC (2019)

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IA No.15274 of 2019 (Misc. Appl. with Counter Affidavit) In

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BA1 No.2251 of 2019

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Hon’ble R.C. Khulbe, J.

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Mr. Abhishek Verma, learned Advocate for the applicant.

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Mr. Pankaj Joshi, learned Brief Holders for the State.

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Counter affidavit is taken on record. Misc. application, made therefor, stands disposed of.

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Heard learned counsel for the parties. The present applicant has sought his release on bail in connection with FIR No.385 of 2019, under Sections 3,4,5,6 of Immoral Trafficking Act and 370 of I.P.C., registered at Ramnagar, District Nainital.

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It is argued by learned counsel for the applicant that the applicant has falsely been implicated in the crime; no offence is made out against her; statements of the victims under Section 164 Cr.P.C. have already been recorded but they did not support the prosecution story as alleged in the FIR; there is no criminal history of the accused; he is languishing in jail since 28.09.2019 and the case is triable by a Magistrate.

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Per contra, learned counsel for the State opposed the present bail application but admitted that statements of the victims have already been recorded under Section 164 Cr.P.C. before the Magistrate but they did not support the prosecution story as alleged in the FIR.

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Considering the aforesaid facts, without expressing any opinion as to the final merits of the case, this Court is of the view that it is a fit case for bail and the present applicant deserves bail at this stage.

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Accordingly, the present bail application moved by the applicant – Reshma Bano @ Priya is allowed. Let the applicant be released on bail, on her

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executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Court concerned.

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It is, however, clarified that the observations made by this Court, hereinabove, are exclusively for the purpose of disposal of bail application and the same shall, in no manner, affect the trial proceedings.

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Present bail application as well as pending application, if any, stands disposed of accordingly.

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(R.C. Khulbe, J.) 21.11.2019

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Sukhbant

Reshma Bano Alias Priya v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Reshma Bano Alias Priya v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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