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Judgment
Heard Mr. Lalit Sharma, Advocate for the applicant, Mr. K.S. Rautela, Government Advocate assisted by Mr. Siddhartha Bisht, Brief Holder for the State and Mr. B.S. Bhandari, Advocate for the complainant.
This is the first bail application. The applicant is in jail having been implicated in Case Crime No. 237 of 2016, which has been registered under Sections 420 / 120B / 498A / 323 / 313 / 494 / 504 / 376 of IPC, at Police Station Nehru Colony, District Dehradun.
Earlier an FIR under Sections 498A / 323 / 313 / 494 / 504 of IPC was lodged against the applicant at Police Station Nehru Colony, District Dehradun wherein the present applicant was granted limited protection by this Court in a writ petition. Thereafter another Section 376 of IPC has been added.
The claim of the applicant is that the complainant has married with the applicant, therefore the offence under Section 376 of IPC is not made out against the applicant and purely in order to arrest the applicant, Section 376 of IPC has been added. The applicant is in jail since 24.12.2016.
Considering the overall evidence which is presently available before this Court, prima facie, the applicant has been able to make out a case for bail. The bail application is accordingly allowed.
Let the applicant be enlarged on bail in the aforesaid crime on his executing a personal bond and two reliable sureties each of the equal amount to the satisfaction of the Magistrate concerned/court concerned.
It is made clear that any observations made by this Court are only for the purposes of deciding the bail application and shall not be taken into consideration at all in any other proceedings.