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Judgment
Alok Kumar Verma, J
This is the Second Bail Application.
Allowing the First Bail Application (No.2785 of 2019), filed by the applicant, bail was granted to the applicant by this Court under Section 304 read with Section 34 of the Indian Penal Code, 1860 (for short, “IPC”) on 09.01.2020 in connection with the Case Crime No.128 of 2019, registered at police station Basant Vihar, District Dehradun.
After completion of the investigation, charge-sheet was filed under Section 304 IPC read with Section 34 IPC. Subsequent charge-sheet was filed against the applicant adding Section 376A IPC. Present Second Bail Application has been filed for grant of regular bail under Section 376A IPC.
Heard Mr. Rajat Mittal, learned counsel for the applicant and Mr. Pramod Tiwari, learned Brief Holder for the State.
Mr. Rajat Mittal, Advocate, contended that as per the FIR, the deceased, wife of Shyam Kanojia, was residing with her parents. The deceased used to come home till late at night. The deceased went to her house on 12.10.2019 at 10:00 p.m. along with the present applicant. She was in an inebriated condition. At the same time, both left the house. Thereafter, an information of her death was received.
Mr. Rajat Mittal, Advocate, contended that there is no evidence available on record to suggest that the applicant had established physical relationship with the deceased without her will or consent, which comes under the definition of “Rape”.
Learned counsel for the State has opposed the bail application. However, he has conceded that the deceased was in an inebriated condition on 12.10.2019.
Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.
The Bail Application is allowed.
Let the applicant – Deepak Alias Abhishek be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned