Uttarakhand High Court
Order On Bail Application Of The Accused vs State Of Uttarakhand on 6 December, 2018
Author: Manoj K. Tiwari
Bench: Manoj K. Tiwari
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Original Jurisdiction
1st Bail Application No. 1765 of 2018
Order on bail application of the accused
Khalid ... Applicant (in jail)
Vs
State of Uttarakhand ... Opp. Party
Hon'ble Manoj K. Tiwari, J.
Heard Mr. Abhishek Verma, learned counsel for the applicant, Mr. Pramod Tiwari, Brief Holder for the State of Uttarakhand, Mr. Mohd. Umar, Advocate for the complainant and perused the records.
The applicant is in jail being implicated in Case Crime No. 257 of 2017, under Sections 363 and 376 of I.P.C, registered in Police Station Sahaspur, District Dehradun.
Learned counsel for the applicant submits that the victim was in love with the applicant. Learned counsel for the applicant draw the attention of this Court towards supplementary affidavits of the complainant and the victim, wherein the complainant admitted that the victim and applicant knows each other and also having lover affairs and this fact also admitted by the victim in her supplementary affidavit. Mr. Mohd. Umar, learned counsel for the complainant admitted the above position. The applicant is languishing in jail since 15.01.2018.
Considering the facts and circumstances of the case as well as period of detention of the applicant in jail, this Court is of the opinion that applicant deserves to be enlarged on bail. Accordingly, the bail application is allowed.
2Let the applicant be enlarged on bail in the aforesaid crime on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.
It is made clear that any observation made by this Court is only for the purpose of disposal of bail application. It shall not be taken into consideration at all in any other proceedings.
(Manoj K. Tiwari, J.) 06.12.2018 Aswal