BA1/11/2013 of SHAHRUKH AND ANR Vs STATE OF UTTARAKHAND
Parties
- ………Applicants (in Jail (PETITIONER)
- State of Uttarakhand (RESPONDENT)
Statutes cited (1)
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Original Jurisdiction
Dated: Nainital: the 2[nd] day of January, 2013 1[st] Bail Application No.11 of 2013
Order on the Bail Application:
CRIMINAL SIDE
1. Shahrukh S/o Mohammad Umar, R/o Village Kachnal Gusai, Kashipur, P.S. Kashipur, District Udham Singh Nagar. 2. Navi Hasan, S/o Noor Hasan, R/o Village Harlalpur, Kashipur, P.S. Bazpur, District Udham Singh Nagar.
………Applicants (in Jail)
Versus
State of Uttarakhand
…… Opposite Party
Arising out of F.I.R. No. 618 of 2012, Under Section 452, 376, 511, 323, 504, 506 of I.P.C. Police Station, Kashipur, District Udham Singh Nagar.
Mr. Vipul Sharma, Advocate, present for the applicant.
Mrs. Meena Bohara, Brief Holder, present for
the State.
Hon’ble Prafulla C. Pant, J.
Heard.
2) Applicants Shahrukh and Navi Hasan, who are in jail in connection with F.I.R. No. 618 of 2012, relating to offences punishable under Section 452, 376, 511, 323, 504 and 506 of I.P.C., Police Station Kashipur, District Udham Singh Nagar, have sought their release on bail.
3) The First Information Report is delayed by two days. The woman against whom attempt of rape is said to have been made is stated to be 45 years old. Learned counsel for the applicant submitted that it is not probable to attempt to commit rape in the manner suggested by the prosecution.It is argued that it is simple case of quarrel between the children. It is contended that the allegation of an attempt to commit rape are exaggeration of the incident of quarrel.
4) In the above circumstances, without expressing any opinion, as to the final merits of the case, this Court is of the view that applicants deserve bail.
5)Accordingly, the bail application is allowed. Let the applicants Shahrukh S/o Mohammad Umar and Navi Hasan S/o Noor Hasan, be released on bail, on executing personal bond by each one of them
and furnishing two sureties for each one of them, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Udham Singh Nagar.
02.01.2013 JM
(Prafulla C. Pant, J.)