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Judgments of Supreme Court of India and High Courts

BA1/2091/2018 on 23 January, 2019

BA1 No.2091/18
Hon’ble R.C. Khulbe, J.

Mr. Abhishek Verma, Advocate for
the applicant.

Ms. Mamta Joshi, Brief Holder, for
the State.

Heard learned Counsel for the
parties.

The applicant has sought his release
on bail in connection with Case Crime
no.383 of 2018 under Section 377 IPC
registered at P.S. Sahaspur, District
Dehradun.

The FIR was lodged on 8.9.2018 by
the complainant Deep Chand that his
brother/victim is a mentally retarded
person. When the complainant was
having food at home, Naushad, who
belongs to his village, came to him and
informed that somebody is weeping
towards the fields. The complainant went
there and saw the applicant committing
sodomy with his brother. The
complainant tried to apprehend the
accused but he fled away.

Learned Counsel for the applicant
argued that the applicant has falsely
been implicated in the crime; no date and
time is mentioned in the FIR; the accused
is languishing in jail since 12.9.2018.

On a perusal of the FIR, it is clear
that the date, time and day of occurrence
is not mentioned in the FIR; there is no
medical of the victim available on the
record; the accused is languishing in jail
since 12.9.2018; he has got no previous
criminal history; and the case is
exclusively triable by the Magistrate.

Considering the entire facts and
circumstances of the case and without
expressing any opinion as to the final
merits of the case, the Court is of the
view that the applicant deserves bail at
this stage.

Accordingly, the present bail
application moved by the applicant
Amzad is allowed. Let he be released on
bail on executing a personal bond and
furnishing two sureties, each of the like
amount, to the satisfaction of the Court
concerned.

It is however clarified that the
observations made by this Court
hereinabove are exclusively for the
purpose of disposal of bail application
and the same shall, in no manner, affect
the trial proceedings.

All pending applications stand
disposed of accordingly.

(R.C. Khulbe, J.)
Vacation Judge
23.01.2019
Rdang

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