SL.

No

Date

Office Notes,

reports, orders or

proceedings or

directions and

Registrar’s order

with Signatures

COURT’S OR JUDGES’S ORDERS

BA1 No.2497 of 2021

Hon’ble R.C. Khulbe, J.

Ms. Sudha Tamta, learned counsel for the

applicant.

Mr. V.K. Gemini, learned Dy. A.G. along

with Mr. P.S. Uniyal, learned B.H. for the State.

Accused– Vijay @ Nannu has sought his

release on bail in connection with Case Crime/FIR

No.172/2018 u/s 366, 376D, 120B, 506 IPC,

registered at P.S. Nehru Colony, District Dehradun.

It is argued that the accused has been falsely

implicated; he is languishing in jail since

29.06.2018; the statements of the star witnesses

have already been recorded but they did not support

the prosecution’s story, as alleged in the FIR; the

medical report is also in favour of the accused; there

is no chance of tampering with the evidence; he is

ready to furnish the sureties and may be granted

bail.

Per contra, learned counsel for the State

opposed for bail.

As per the FIR, the occurrence took place on

27.06.2018; the informant submitted information on

28.06.2018; the accused is named in the FIR along

with other co-accused; as per the medical report, the

prosecutrix was a mentally challenged lady; she was

unable to understand Hindi language but she was

well-versed with Gujarati language; accordingly,

her statement was recorded under Section 164

Cr.P.C. by the concerned Magistrate with the help

of Subhashini Singh, lady nurse posted at Doon

Hospital, Dehradun, in which the prosecutrix

narrated the entire story and clearly stated that four

persons committed rape with her after taking her in

a vehicle; the informant appeared as PW1 before the

trial Court where he narrated the entire story again;

as per the medical report, hymen of the prosecutrix

was found torn; the accused was identified by the

informant; accordingly, looking to the gravity of the

offence, it is not a fit case for bail at this stage.

The present first bail application is thus,

dismissed.

Pending application, if any, stands disposed

of.

(R.C. Khulbe, J.)

19.04.2022

Sukhbant