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Judgment
Sudhanshu Dhulia, J
Mr. Mani Kumar, Advocate, for the accused applicant.
Smt. Mamta Joshi, Brief Holder, for the State.
First bail application of the applicant was rejected by this Court on 4.8.2015 and his second bail application was rejected on 3.3.2016. Now, the third
bail application has been moved by the accused applicant.Â
Having been implicated in FIR No. 340/2014 under Sections 452/354/323/302 IPC, P.S. Kichha, District Udham Singh Nagar, the accused applicant is
in jail since 2.3.2015.Â
It is submitted that charges against the accused applicant and other co-accused persons were framed on 3.10.2015 and the trial was proceeding
before the Court of Ist Additional Sessions Judge, Udham Singh Nagar. However, after a period of more than two years, an application was moved by
the complainant that charge of offence under Section 354 IPC has also been framed against one of the accused persons and the victim was only 16
years of age at the time of incident and, therefore, the case be tried by the Special Court under the Protection of Children from Sexual Offences
Act. Â
The aforesaid application has been allowed and now the trial shall commence afresh and all the witnesses are liable to be recalled, which would delay
the trial.Â
Learned State Counsel shall file specific reply on this aspect within three weeks.Â
Learned Counsel for the accused applicant prays that bail for a short term be granted to the applicant as the marriage of the daughter of the accused
applicant is scheduled for 17.4.2018. Marriage card has also been enclosed with the present bail application.Â
Considering the fact that the marriage of the daughter of accused applicant is scheduled for 17.4.2018, applicant is granted short term bail for a period
of three weeks on the following terms and conditions:
(i) Applicant shall furnish a personal bond and two sureties of the like amount to the satisfaction of Court concerned.Â
(ii) One of the sureties shall be the close blood relative of the applicant.Â
(iii) Applicant shall not leave the territorial limits of PS Kiccha.Â
(iv) In any event, the applicant shall surrender himself before the Court concerned on or before 26.4.2018.
List on 27.4.2018 in the daily cause list.  Â
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