Uttarakhand High Court
Criminal Side vs State Of Uttarakhand on 3 July, 2014
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ORIGINAL JURISDICTION
Dated: Nainital :July 03, 2014
First Bail Application No.766 of 2014
Order on the bail application of accused.
CRIMINAL SIDE
Kapil @ Rinku
S/o Girdhari Singh
R/o Subhas Nagar,
Jwalapur
P.S. Kotwali, Jwalapur
District Haridwar
... Applicant
Versus
State of Uttarakhand
... Respondent
Hon'ble Sudhanshu Dhulia, J. (Oral)
Heard Mr. Gaurav Singh, Advocate present for the applicant and Mr. Siddhartha Bisht, learned Brief Holder, present for the State of Uttarakhand.
The applicant before this Court is accused in Case Crime No.53 of 2014, which has been registered under Sections 363,366A,376 of I.P.C. & 3/4 POCSO Act, at Police Station Kotwali Jwalapur, District Haridwar.
According to the applicant, the incident alleged is of 25.01.2014 but the First Information Report was lodged by the father of the prosecutrix on 27.01.2014 saying that his daughter who is about 16 years of age has been kidnapped by the present applicant. The girl was recovered alongwith present applicant on 31.01.2014. The medical of prosecutrix was conducted on the same day. The medical report does not give any clear opinion about rape. From the material, which was before the learned Sessions Judge, it has come that the age of the girl is between 19 to 21 years.
From the above submissions and from the material presently available before this Court, particularly, considering the medical report of the victim, the applicant has been able to make out a case for bail. The bail application is allowed accordingly.
Let the applicant (Kapil @ Rinku) be enlarged on bail in the aforesaid crime on his executing a personal bond and two reliable sureties each of the equal amount to the satisfaction of the Magistrate concerned.
It is made clear that any observations made by this Court are only for the purposes of grant of bail. It shall not be taken into consideration at all in any other proceedings.
(Sudhanshu Dhulia, J.) Dated: 03.07.2014 JKJ