Court allowed bail application of accused Mustaq Ahmad under IPC 366/376. Found no allegation of kidnapping or sexual intercourse or evidence against him. Directed release on personal bond and two sureties.
Order for release on bail on personal bond and furnishing two reliable sureties.
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| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| BA1 No.1267 of 2021 Hon’ble R.C. Khulbe, J. Mr. Gaurav Singh, learned counsel for the applicant. Ms. Pushpa Bhatt, learned Dy.A.G. along with Mr. Siddharth Bisht, learned B.H. for the State. Accused–Mustaq Ahmad has sought his release on bail in connection with Case Crime/FIR No.148/2021 u/s 366, 376 IPC, registered at P.S. Nehru Colony, District Dehradun. It is argued that the accused has been falsely implicated; he is languishing in jail since April 2021; there is no evidence against him; he is ready to furnish the sureties and may be granted bail. Per contra, learned counsel for the State opposed for bail. In the present matter, the information was submitted with the police station Nehru Colony, Dehradun on 27.04.2021. Accordingly, the above FIR was registered against the accused. During trial prosecutrix appeared as PW1. Her statement was recorded. From the perusal of statement of the prosecutrix, it is clear that there is no allegation made against the accused regarding kidnapping or sexual intercourse. There is no evidence against him. Accordingly, without making any comment on the merits, it is a fit case for bail at this stage. The bail application is thus, allowed and the applicant is directed to be released on bail on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned. Pending application, if any, stands disposed of. (R.C. Khulbe, J.) 23.10.2021 Sukhbant |
1 issue framed by the court
Whether the accused should be granted bail given the lack of evidence against him regarding specific charges.
1 provisions across 1 enactments
Mustaq Ahmad
State
R.C. Khulbe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
