Anup Kumar ... Applicant (In Jail) vs State Of Uttarakhand on 9 January, 2019

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Uttarakhand High Court

Anup Kumar ... Applicant (In Jail) vs State Of Uttarakhand on 9 January, 2019

Bench: Manoj K. Tiwari

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
                 Original Jurisdiction
          1st Bail Application No. 74 of 2019
        Order on bail application of the accused

Anup Kumar                          ... Applicant (in jail)
                              Vs
State of Uttarakhand                ... Opp. Party

Hon'ble Manoj K. Tiwari, J.

Heard Mr. Vikas Anand, learned counsel for the applicant, Mr. Rakesh Joshi, learned Brief Holder for the State and perused the records.

The applicant is in jail being implicated in F.I.R. No. 210 of 2018, under Sections 363, 452 and 376 of I.P.C. and Section 3/4 POCSO Act, registered in Police Station Dineshpur, District Udham Singh Nagar.

Learned counsel for the applicant submits that girl has belied the prosecution story in her statement recorded under Section 164 of Cr.P.C. He further submits that applicant has been falsely implicated on the basis of some misconception and applicant has no criminal history. The applicant is languishing in jail since 08.12.2018.

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.

Let 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.) 09.01.2019 Aswal

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Uttarakhand High Court