(1.) Present Bail Application has been filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the First Information Report No.12 of 2023, registered at police station Gadarpur, District Udham Singh Nagar under Sec. 376 read with Sec. 511 of the Indian Penal Code, 1860.
(2.) An FIR was registered at 21.49 hrs on 15/1/2023. As per the FIR, informant is posted as Constable in 15th Battalion NDRF. He is residing along with his wife in the present applicant's house as a tenant. On 15/1/2023, he reached his house and saw that his wife was not in the room and her crying was coming from the room of the landlord. It has been alleged in the First Information Report that the informant saw that the present applicant was trying to commit rape with her wife.
(3.) Heard Ms. Soniya Chawla, learned counsel for applicant and Mr. Pankaj Joshi, learned Brief Holder for State.