Uttarakhand High Court
Jitendra Martoliya vs State Of Uttarakhand. ............. ... on 23 April, 2013
Author: Alok Singh
Bench: Alok Singh
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Original Jurisdiction
1st Bail Application No. 566 of 2013
Order on the bail application of the accused.
Jitendra Martoliya. .......Applicant (in Jail).
Versus
State of Uttarakhand. ............. Opposite Party.
Present
Mr. M.S. Bisht, Advocate for the applicant.
Mr. S.S. Adhikari, Brief Holder for the State of Uttarakhand.
Hon'ble Alok Singh, J (Oral).
This is an application seeking regular bail in case crime no. 2 of 2013 under Section 363/366A/376 IPC police station Baluwakot, Tehsil Dharchula, District Pithoragarh.
Mr. M. S. Bisht, Advocate appearing for the applicant, submits that prosecutrix went missing on 25.01.2013 and as per her statement, she was raped by the applicant on 25.01.2013, however, FIR was lodged on 02.02.2013. He further contends that explanation that due to public shame FIR was not lodged promptly cannot be said to be satisfactory explanation for delay in lodging the FIR.
Considering the totality of facts and circumstances of the case, bail application is allowed. Let the applicant be released on bail, on his furnishing personal bond of ` 50,000/- and two sureties, each of the like amount to the satisfaction of Chief Judicial Magistrate, Pithoragarh.
(Alok Singh, J.) 23.04.2013 SKS 2