The High Court granted bail to the applicant in an appeal against conviction under Sections 376, 511, and 452 IPC. The court disposed of the bail application despite not expressing an opinion on the merits of the underlying rape allegations.
Released on bail upon execution of personal bond and furnishing two reliable sureties of equal amount.
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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. 1254 of 2023 Hon’ble Pankaj Purohit, J. Mr. H.C.Pathak, learned counsel for the applicant. 2. Ms. Manisha Rana, learned AGA for the State. 3. The applicant Deep Chandra, who is in Jail in connection with Case Crime No. 0027of 2023, under Sections 376, 511 and 452 IPC, Police Station Bhimtal, District Nainital, has sought his release on bail. 4. Heard learned counsel for the parties and considered the grounds taken up in the bail application. 5. The prosecution case as unfolded in the FIR is that during the night of 26.04.2023 at about 3:30 A.M., the applicant along with Roshan Lal and Kishor, who happen to be the care taker of Sanjawat Home Stay, entered into the room after breaking opened the doors where maids were staying. On phone calls made by the maid on mobile number of wife of the informant, they reached on the spot immediately only to find that the applicant and other co-accused have fled away from the spot. 6. It has been argued on behalf of the applicant that the story as narrated by the informant in the FIR is highly unbelievable rather the applicant is falsely implicated in the matter on account of dispute in payment of rent of the Home Stay. |
| 7. | I have carefully perused the FIR, |
|---|---|
| by alle the 8. the it a 9. bail and eac sati |
which, only attempt of rape has ged to have been committed against maids who are undisputedly major. Without expressing any opinion on merits of the case, this Court finds fit case for bail. Let the applicant be released on , on his executing personal bond furnishing two reliable sureties, h of the like amount, to the sfaction of Court concerned. |
| Kaus | ( Pan k aj Pu r oh it , J.) 05.06.2023 hal |
1 issue framed by the court
Whether the applicant should be released on bail in a pending appeal against conviction for rape.
Deep Chandra
State
Pankaj Purohit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
