Allowed

Tejendra Singh v. State of Uttarakhand

Uttarakhand HC17 Nov 2021BA1/1798/2021

Case brief

AI extract

What is this about?

This is a bail application under A.I.R. No.1798 of 2021. The Hon'ble Court allows the application and releases the accused, Tejendra Singh, on bail with personal bond and two sureties despite the serious nature of the charge, noting inconsistencies in the FIR and prosecutrix's marital status.

What did the court decide?

Release on bail by executing a personal bond and furnishing two reliable sureties of like amount.

Tejendra Singh Vs State of Uttarakhand — Bail and Remand | Uttarakhand HC (2021)

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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
			BAI No.1798 of 2021 Hon’ble R.C. Khulbe, J. Mr. Niranjan Bhatt, learned counsel for the applicant. Mr. Pankaj Joshi, learned B.H. for the State. Accused–Tejendra Singh has sought his release on bail in connection with Case Crime/FIR No.53 of 2021, u/s 376 IPC, registered at P.S. Dharasu, Distt. Uttarkashi. It is argued that the accused has been falsely implicated; he is languishing in jail since 10.06.2021; the prosecutrix was already married lady; there was no question to commit the sexual offence with her on the false pretext of marriage. Apart from that, the statement of husband of prosecutrix has already been recorded as PW-2, he clearly stated that, he is the husband of prosecutrix and the prosecutrix is a lady of bad character; he is ready to furnish the sureties and may be granted bail. Per contra, learned counsel for the State opposed for bail. As per the FIR, the accused committed sexual offence with the prosecutrix on the false pretext of marriage while during the investigation, it is found that, the prosecutrix was already married, even during trial her husband was produced as PW-2, he admitted this fact; in the FIR, no date, time and month are mentioned when the accused committed sexual offence with her; 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.) 17.11.2021 BS

Tejendra Singh v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Tejendra Singh v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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