BA1/646/2015 of Yaseen Vs State Of Uttarakhand
Parties
- BA1/646/2015 of Yaseen (PETITIONER)
- State Of Uttarakhand (RESPONDENT)
Statutes cited (2)
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BA1 No. 646 of 2015
Hon’ble Alok Singh, J.
Mr. Suyash Pant, Advocate for the applicant.
Mr. A.S. Gill, Deputy Advocate General assisted by Mr. Milind Raj, Brief Holder for the State.
This is an application seeking regular bail in FIR case crime no. 84 of 2015 under Section 376 I.P.C. and under Section 3/4 of the P.O.C.S.O. Act, P.S. Jaspur, District- Udham Singh Nagar.
Mr. Suyash Pant, learned counsel appearing for the applicant, submits that as per the prosecution story applicant has raped the victim who is said to be unsound mind; as per the medical report CA 3 dated 27.03.2015, no injury was observed on the private part of the prosecutrix; her hymen was torn (old tear) and no bleeding or fresh injury was observed on her private part. According to Mr. Suyash Pant, learned counsel appearing for the applicant, in view of the medical report, rape cannot be said to have been proved.
Considering the totality of the facts and circumstances of the case, I direct let the applicant be enlarged on bail on furnishing his personal bond and two sureties, each of the like amount to the satisfaction of the Ilaqua Magistrate.
Bail application stands disposed of accordingly. IA No. 4294 of 2015 also stands disposed of accordingly.
Deepak
(Alok Singh, J.) 06.10.2015