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Judgment
Ravindra Maithani, J
Applicants Hemant Negi @ Vikki and Yogesh Singh @ Akash Negi are in judicial custody in FIR No. Case Crime No. 1 of 2023, under Sections 376-D, 120B IPC, Police Station Revenue Area Purvi Maniyarsyun-3, District Pauri Garhwal. They have sought their release on bail.
Heard learned counsel for the parties and perused the record.
According to the FIR, on 30.10.2023, the victim had gone to lodge a report against her husband. When she was returning, both these applicants were in a vehicle, they asked all the passengers to de-board the vehicle and thereafter, took the victim at different places. She was raped by the applicant Yogesh Singh @ Akash Negi. When the applicant Hemant Negi @ Vikki was fondling with her body and kissing her.
Learned counsel for the applicant Hemant Negi @ Vikki would submit that the allegation of rape is not levelled against the applicant. It is argued that the place of occurrence is not established.
Learned counsel for the applicant Yogesh Singh @ Akash Negi would submit that the FIR is quite delayed. The victim had gone to lodge a report against her husband. The Investigating Officer ought to have investigated that aspect also. The investigation has yet not completed. The prosecution case is doubtful. Hence, it is a case fit for bail.
Learned State counsel would submit that it is a case of gang rape. The victim was taken in a vehicle and she was raped by the applicant Yogesh Singh @ Akash Negi and the applicant Hemant Negi @ Vikki was kissing and fondling with her body.
It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial or in any other proceedings.
As per the contents of the FIR, the both the applicants spotted the victim all alone. They invited her in their vehicle and asked other passengers to de-board the vehicle. Thereafter, the victim was taken at various places. She was raped by the applicant Yogesh Singh @ Akash Negi, when it is stated that the applicant Hemant Negi @ Vikki was kissing and fondling with her body.
Having considered, this Court is of the view that there is no ground to enlarge the applicants on bail. Accordingly, the bail applications deserve to be rejected.
The bail applications are rejected.