Single judge dismissed the bail application of Vaibhav Nehra accused under Section 376(1) IPC, holding the offence a fit case for bail only after paramount considerations were met.
Application for bail dismissed.
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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. 43of 2021 Hon’ble R.C. Kh u lbe, J. Mr. D.S. Mehta and Mr. Kishore Kumar, learend counsel for the applicant. Mr. Ranjan Ghildiyal, learned A.G.A. for the State. Heard. Accused- Vaibhav Nehra, who is in judicial custody in connection with case crime no. 30 of 2020, under Section 376(1) IPC registered at P.S. Narendra Nagar, District Tehri Garhwal has sought his release on bail. It is argued by the learned counsel that the accused has falsely been implicated; he is languishing in jail since 15.12.2020; he has no criminal history; statements of star witnesses have been recorded and; present accused is entitled for bail. Per contra, learned State Counsel opposed for bail. In the present matter, occurrence occurred on 13.12.2020; FIR was lodged on 14.12.2020; the accused is named in the FIR; prosecutrix was appeared as PW5 and she categorically narrated the entire story and clearly stated that the accused committed sexual offence with her. Looking into the gravity of offence, it is not a fit case for bail at this stage. The bail application is dismissed accordingly. Pending application, if any, also stands disposed of. |
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| ( R.C. Kh u lbe, J.) 0 4 .0 8 .2 0 2 1 Parul |
1 issue framed by the court
Whether the accused, charged with rape under Section 376(1) IPC, is entitled to bail.
1 provisions across 1 enactments
Vaibhav Nehra
State
R.C. Khulbe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
