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Judgment
Leave granted.
The challenge in the present matter is to the order dated 11.10.2018 passed by the High Court of Uttrakhand at Nainital in Bail Application No.98/2018. While said application for bail preferred by respondent No.2 was still under consideration, the High Court by its order dated 11.10.2018, which is presently under appeal, had directed release of respondent No.2 on interim bail.
Since the charges levelled against respondent No.2 are for the offences punishable under Section 376 and 452 IPC, in the submission of the learned counsel appearing for the appellant, interim bail ought not to have been granted.
We see force in the submission.
We, therefore, allow this appeal and set aside the order dated 11.10.2018 passed by the High Court. The application for bail i.e. the main matter may now be considered on merits by the High Court.
We have not expressed any opinion on the merits of the matter and the application for bail be considered purely on merits of the matter.
The appeal stands allowed.
Pending applications, if any, also stand disposed of.