BA3/31/2018 of NARESH SISOUDIYA Vs STATE OF UTTARAKHAND on 21 December 2018

Arguments

BA3 No. 31 of 2018

Hon’ble Manoj K. Tiwari, J.

Mr. Lalit Sharma, Advocate for the applicant.

Mr. V.K. Jemini, Dy. Advocate General for the State of Uttarakhand. Heard learned counsel for the parties.

This bail application has been moved by the applicant- Naresh Sisoudiya seeking bail in connection with F.I.R. No. 261 of 2017, offences punishable under Sections 376 (2) of I.P.C. and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012 registered at P.S. Haldwani, District Nainital.

Learned counsel for applicant submits that the applicant has falsely been implicated in the instant crime; has no criminal history and is languishing in jail since long. He submits that applicant’s wife is suffering from Hepatitis ‘C’ and is in urgent need of medical treatment. He submits that his wife has been referred to higher center for medical treatment, therefore, applicant prayed that he may be granted short term bail for a period of three months. He further submits that if the applicant is released on short term bail, applicant shall not misuse the short term bail in any manner.

Keeping in view the fact that the wife of the applicant is seriously ill and is in urgent need of medical treatment, this Court is of the view that the applicant should be granted short term bail for a period of six weeks.

Consequently, let the applicant be enlarged on short term bail only for a period of six weeks from the date of his release, on his executing personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the Court concerned.

It is directed that, on expiry of six weeks’, the applicant shall surrender before the Superintendent of the Jail concerned.

Bail Application is, accordingly, disposed of.

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.) 21.12.2018