Uttarakhand High Court
BA1/1240/2002 of GAUTAM and ANOTHER Vs STATE on 26 November 2002
COURT OF UTTARANCHAL AT NAINITAL Original Jurisdiction Dated: Nainital the 26th day of November, 2002 Criminal Misc. Bail Application Number 1240of 2002 Order on the Bail Application CRIMINAL SIDE (1) Gautam son of Chander, r/o Libberhary, P.S. Manglore, District Hardwar and (2) Sibbu son of
IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Original Jurisdiction Dated: Nainital the 26th dayof November, 2002
Criminal Misc. Bail Application Number 1240of 2002
Order on the Bail Application
CRIMINAL SIDE
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(1) Gautam son of Chander, r/o Libberhary, P.S. Manglore, District Hardwar and (2) Sibbu son of Ajit Singh, r/o Jabhrera, P.S. Jabhrera, District Hardwar
……………..Applicant(s)
Versus
State of Uttaranchal.
……………….. Opposite Party
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Arising out of - Case crime no. 161 of 2002, Under sections 363, 366, 376, 323 and 506 of I.P.C., P.S. Manglore, District Hardwar ___________________________________________________________________
By the Court
Hon’ble Irshad Hussain, J.
Heard learned counsel for the applicant-accused and the Assistant. Government Advocate.
Perused the F.I.R. and considered the circumstances. The victim had gone with the applicants-accused and another from one place to another without raising any hue and cry in public presence. The medical evidence is not positive about the rape and she was found about 16 to 17 years of age. Considering these facts, the applicants-accused are entitled to bail.
Let the applicants (1) Gautam son of Chander, r/o Libberhary, P.S. Manglore, District Hardwar and (2) Sibbu son of Ajit Singh, r/o Jabhrera, P.S. Jabhrera, District Hardwar bereleased on bail in case crime no.161 of 2002, under sections 363, 366, 376, 323 and 506 of I.P.C., P.S. Manglore, District Hardwar on their each furnishing a personal bond and adequiate sureties each to the satisfaction of ACJM, Roorkee, District Hardwar.
(Irshad Hussain, J.)