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Uttarakhand High Court · body

2019 DIGILAW 58 (UTT)

AJEET RAY v. STATE OF UTTARAKHAND

2019-01-22

R.C.KHULBE

body2019
JUDGMENT : Hon'ble R.C. Khulbe, J. 1. Heard learned counsel for the parties. 2. The present bail application has been filed by the applicant Ajeet Ray in Case Crime No.171 of 2018 under Sections 147, 148, 307, 376, 354, 504 & 506 of IPC, registered at P.S. Transit Camp, District Udham Singh Nagar. 3. As per the FIR dated 19.06.2018, on 17.6.2018 at 9.30 am, all the accused, namely, Amal Ray, Anil Ray, Kalyani Ray, Parul, Ajeet Ray and Sujeet Ray assembled and started beating Vinita Ray @ Susma, W/o Anil Ray; they cut her hair and inserted her hair and salt in her private parts. 4. It is argued by the learned counsel for the applicant that the accused Ajeet Ray has falsely been implicated since during the medical examination, no hair of Vinita was found in her private parts. 5. As per the FIR, the date of occurrence is 17.06.2018 at 9:30AM, but the FIR was lodged on 19.06.2018 at 20:35; the delay in filing the FIR has not been explained by the informant. Moreover, though the medical examination of injured was conducted on the same day on 17.06.2018 at 10:15 AM, but at the time of medical no hair of Vinita were found in her private part. 6. In the statement recorded under Section 161 of Cr.P.C., the injured-Vinita stated that the hair and salt were inserted in her private part by the accused-Kalyani Ray and not by the present accused-Ajeet Ray; the accused is the nephew of the injured-Vinita; the accused is languishing in jail since 19.07.2018; and, there is no previous criminal history against the accused. 7. Considering the facts and circumstances of the case, I am of the view that the applicant deserves bail at this stage. 8. Accordingly, the bail application is allowed. Let the applicant-Ajeet Ray be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Court concerned. 9. It is made clear that the observations, made hereinabove, are only for the purpose of bail application and the same in no manner shall affect the proceedings of trial.