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2014 DIGILAW 445 (UTT)

Jaypal Ram Kumar v. State of Uttarakhand

2014-10-08

SUDHANSHU DHULIA

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Judgment Hon’ble Sudhanshu Dhulia, J. (Oral) Heard Mr. D.C.S. Rawat, Advocate for the applicant and Mr. S.S. Adhikari, learned Assistant Government Advocate for the State of Uttarakhand. The applicant is in jail having been implicated in F.I.R./Case Crime No.64 of 2014, which has been registered under Sections 370(1)/366 of I.P.C. at Police Station – Kotdwar, District – Pauri Garhwal. The allegation against the applicant is that one Vineeta left her husband Rajkumar and went with present applicant. Thereafter, in her statement under Section 164 Cr.P.C. the victim stated that she was purchased by the applicant by Rs.30,000/-. However, prior to that, under Section 161 Cr.P.C. the victim stated that she was never beaten or sexually assaulted by the applicant. Considering the overall evidence which is presently available before this Court, prima facie the applicant has been able to make out a case for bail. The bail application is accordingly allowed. Let the applicant (Jaypal Ram Kumar) 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 observation made by this Court is only for the purpose of grant of bail. It shall not be taken into consideration at all in any other proceedings.