Court allowed bail application of accused Manish Gupta in a case involving u/s 420/376 IPC, noting no allegation of sexual offence or false pretext of marriage in FIR, and allowing discharge pending internal examination.
Released on bail by executing personal bond and furnishing two able sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
| 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.718 of 2021 Hon’ble R.C. Khulbe, J. Mr. Priyanshu Gairola, learned counsel for the applicant. Mr. Ranjan Ghildiyal, learned AGA with Mr. Rohit Dhyani, learned B.H. for the State. Accused–Manish Gupta has sought his release on bail in connection with Case Crime/FIR No.09/2020 u/s 420/376 IPC registered at P.S. Cantt., District Dehradun. It is argued that the accused has been falsely implicated; he is languishing in jail since 06.02.2020; there is no evidence against him; even there is not a single allegation of sexual offence against him in the FIR; he is ready to furnish the sureties and may be granted bail. Per contra, learned counsel for the State opposed for bail. In this matter, the FIR was lodged on 8.1.2020; as per the FIR, the accused made physical relations with the victim on 10.11.2019; her statement was recorded by the Trial Court; from a perusal of her statement, there is no evidence that the accused made physical relations with her on the false pretext of marriage; although she was produced before the medical team but she even refused for the internal examination; from the |
| evi the vic |
dence, it appears there was accused and victim; sin tim both are major and the |
a friendship between ce the accused and re is no allegation on |
|---|---|---|
| the on |
part of accused of establish the false pretext of ma |
ing physical relations rriage, thus, without |
| ma for |
king any comment on the bail at this stage. The bail application is |
merits, it is a fit case thus, allowed and the |
| app | licant is directed to be re | leased on bail on his |
| exe | cuting a personal bond | and furnishing two |
| reli sati of. |
able sureties, each of the sfaction of the Court conce Pending application, if |
like amount, to the rned. any, stands disposed |
| Rdang | (R |
.C. Khulbe, J.) 05.08.2021 |
1 issue framed by the court
Whether bail should be granted to the accused in the present circumstances.
1 provisions across 1 enactments
Manish Gupta
State
R.C. Khulbe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
