Dharmendra vs State of Uttarakhand

Prafulla C. Pant, J.—Applicant Dharmendra, who is in jail in connection with FIR No. 138 of 2010, relating to offences punishable u/s 376, 506 of I.P.C., police station Pantnagar, District Udham Singh Nagar, has sought his release on bail.

Heard learned Counsel for the parties.

Learned Counsel for the applicant submitted that the first information report is got lodged u/s 156(3) of Cr.P.C., and highly belated by almost three years. It is contended that it is hard to believe that when the victim''s husband was alive and at home, the applicant (brother-in-law) would have promised the victim that he would marry her, and maintained the sexual relations due to that reason for more than three years.

Having considered submissions of learned Counsel for the parties, and after going through the papers on record, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail. The bail application is allowed.

Let the applicant Dharmendra be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar.