JATIN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Applicant Jatin, who is in jail in Case Crime/FIR No.0431 of 2023 (Criminal Case No.499 of 2025) for the offences punishable under Ss. 323, 341 and 376-D of IPC, registered with P.S. Khatima, District Udham Singh Nagar, has sought his release on bail.

(2.) As per the allegations levelled by the mother of the victim in the first information report, victim was taken to a forest area by co-accused Neha, Himanshu, Sanjeet Singh Rana and the present applicant Jatin; Neha offered a cold drink to the victim and in the state of intoxication rape was committed upon the victim by the applicant Jatin and other co-accused Himanshu and Sanjeet Singh Rana.

(3.) Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case; the FIR was lodged after an inordinate delay of eight months and no plausible explanation has been provided by the prosecution for the same; that, there is no evidence against the applicant.