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Ganesh Rekhari vs State Of Uttarakhand on 20 February, 2018

BA1 No.307 of 2018
Hon’ble V.K. Bist, J.

Mrs. Pushpa Joshi, Senior
Advocate, assisted by Ms. Razia Sultan,
Advocate holding brief of Mrs. Shruti
Joshi, Advocate for the applicant.

Mr. J.S. Virk, Assistant
Government Advocate for the State of
Uttarakhand.

Heard learned counsel for the
parties.

This is first bail application moved
by the applicant seeking regular bail in
F.I.R. No. 0006 of 2018, under Section
354 506 I.P.C., registered at Police
Station Thana Bhowali, District
Nainital.

Learned Senior Counsel for the
applicant submitted that the applicant
has falsely been implicated in the
instant crime; has no criminal history
and is languishing in jail since
17.01.2018. She submitted that the
applicant is 62 years of age and is
having two married daughters and one
married son and one grandson and one
granddaughter, as such, the allegation
is false and is levelled after due
consultation. She submitted that
ingredients of Section 354 I.P.C. are not
attracted. She stated that in case the
applicant is granted bail, he will not
misuse the same and will furnish the
bail surety as per the satisfaction of
this Court.

Considering the submission of
learned Senior Counsel for the
applicant and without expressing any
opinion as to final merits of the case,
this Court is of the view that applicant
deserves bail at this stage.

The bail application is allowed.
Let the applicant Ganesh Rekhari,
be released on bail, on executing
personal bond and furnishing two
reliable sureties, each of the like
amount, to the satisfaction of the Court
concerned.

(V.K. Bist, J.)
Arpan 20.02.2018

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