Uttarakhand High Court
BA1/1298/2002 of PINDY Vs STATE on 14 December 2002
COURT OF UTTARANCHAL AT NAINITAL Original Jurisdiction Dated: Nainital: the 14th day of December 2002 Criminal Misc. Bail Application No. 1298 of 2002 Order on the Bail Application CRIMINAL SIDE Pinky s/o Rodha, R/o Village Pratap Pur, Police Station-Laksar, Distt. Haridwar. ……....
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Original Jurisdiction
Dated: Nainital: the 14th day of December 2002
Criminal Misc. Bail Application No. 1298 of 2002
Order on the Bail Application
CRIMINAL SIDE
Pinky s/o Rodha, R/o Village Pratap Pur, Police Station-Laksar, Distt. Haridwar. …….... Applicant
Vs.
State of Uttaranchal. ………… Opp. Party.
Arising out of Case crime no. 188 of 2002, Under sections: 363,366 and 376 of I.P.C., P.S.Laksar: Laksar District : Hardwar Hon’ble A.A. Desai, C.J.
Heard Sri Rajendra Singh, learned counsel for the applicant and the learned A.G.A.
The applicant is a labourer facing prosecution under sections 363, 366 and 376 of IPC. According to learned counsel for the applicant, the prosecutrix is married with the applicant and she was a consenting party. As such there is no offence.
At this stage, I do not propose to enter into merit of the contention. However, as reported the investigation is complete and the charge-sheet has been filed. There is no likelihood of tampering of the witnesses. Hence I direct that the applicant be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of ACJM, Roorkee District Hardwar.
(A.A. Desai, C.J.)