Sudhanshu Dhulia, J. (Oral)
Heard Mr. Amit Kapri, Advocate for the accused applicants, and Mr. T.C. Agarwal, AGA for the State.
The applicants are in jail having been implicated in FIR No. 01 of 2018 for the offences under Sections 363, 366A and 370(4) IPC, registered in the
Police Station Jauljivi, District Pithoragarh.
It is contended that the alleged incident happened on 13.12.2017 but the FIR could be lodged on 16.12.2017 with the delay of three days. It is further
contended that the main witness Km. Dhana has turned hostile during the trial. Applicants have been falsely implicated in the present case who are in
jail since 16.12.2017.
Considering the overall materials presently available before this Court, prima facie the applicants have been able to make out a case for bail. The bail
application is allowed accordingly.
Let the applicants be enlarged on bail in the aforesaid crime on executing a personal bond and two reliable sureties, each in the like amount, by each
one of them, to the satisfaction of the Magistrate/Court concerned.
It is made clear that any observation made by this Court is only for the purpose of deciding the present bail application and the same shall not be taken
into consideration at all in any other proceedings.
