CRLA/205/2018
2022 Latest Caselaw 2238 UK

SL.          Office Notes,
No.   Date      reports,
               orders or                  COURT'S OR JUDGE'S ORDERS
             proceedings
             or directions
                  and
              Registrar's
              order with
              Signatures
                             CRLA No. 205 of 2018
                             Hon'ble Sanjaya Kumar Mishra, J.

Hon'ble Ramesh Chandra Khulbe, J.

Ms. Prabha Naithani, learned counsel for the appellants.

Mr. J. S. Virk, learned Deputy Advocate General for the State of Uttarakhand.

This is a second bail application (IA No. 4123 of 2022) filed by appellant no. 2 Ajay Bhatt S/o Bhim Shankar Bhatt, for releasing him on bail. Appellant no. 2 has been convicted under Sections 376(d), 506, 323/34 of IPC and sentenced to undergo rigorous imprisonment for a period of 20 years and to pay fine Rs. 25,000/-, under Section 376(d) along with different sentences vide judgment and order dated 21.05.2018, passed by the learned Sessions Judge, District Uttarkashi, in Sessions Trial No. 4 of 2017.

His earlier short term bail application was allowed on 20.12.2019. It is apparent from the record that the victim has supported the case of the prosecution. Moreover, her testimony is supported by PW3 - Tanishq Bhatt, who appears to be her friend. His statement corroborates the evidence given by PW 2 - victim. This is a gang rape case. Moreover, his first bail application was rejected on 15.03.2019 and at present, we are not inclined to suspend the sentence. Hence, the second bail application for suspension of sentence is rejected. The short term bail application is also dismissed being infructuous.

Both CRMA No. 2300 of 2020 and IA No. 4123 of 2022 are disposed of.

List this matter in the 2nd week of February, 2023 for final disposal.

(R.C. Khulbe, J.) (S.K. Mishra, J.) 22.07.2022 A/-