CRLA/313/2022
2023 Latest Caselaw 1726 UK

                      Office Notes,
                   reports, orders or
SL.                  proceedings or
         Date                                        COURT'S OR JUDGES'S ORDERS
No                   directions and
                    Registrar's order
                    with Signatures
      03.07.2023                        CRLA No. 313 of 2022
                                        With
                                        Bail Application No. IA/1/2022
                                        Hon'ble Sharad Kumar Sharma, J.

Mrs. Pushpa Joshi, Senior Advocate, assisted by Ms. Chetna Latwal, Advocate, for the applicant.

Mr. T.C. Aggarwal, Deputy Advocate General, for the State.

The alleged incident of commission of rape, which has been alleged against the present appellant, is shown to be that of 06.09.2020. In a complaint, which was registered by the victim on 08.09.2020, the Senior Superintendent of Police, Haridwar, has directed the competent police official to conduct an investigation and submit his report. In the report thus submitted, it was found that the victim was having an illicit relationship with the present appellant and when she came to know that the appellant is about to get married, she got annoyed and as a reason thereof annoyance, the FIR was got registered.

Further, if the statement of PW2 i.e. the doctor, who has attended upon the victim is taken into consideration, in fact, the medical report doesn't supports the prosecution story, for the reason being that the victim being the mother of three children, the medical report no specific opinion could have been expressed with regard to the commission of an offence under Section 376 of IPC and the same stand fortified by the statement made by PW2 i.e. Dr. Komal Badoga, in his statement recorded before the learned Sessions Court.

Coupled with the fact, that as of now the appellant has already served about more than 2 years out of total sentence of 10 years, as it has been imposed by the judgment impugned, the appellant is directed to be released on bail, subject to executing his personal bond and two sureties, each of the like amount to the satisfaction of the Court concerned.

Subject to the aforesaid, the Bail Application would stand disposed of.

(Sharad Kumar Sharma, J.) 03.07.2023 Mahinder/