Extracted from the PDF above. The PDF is authoritative.
No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
BA1 No. 1662 of 2024 Hon’ble Alok Mahra, J.
Mr. Navneet Kaushik, Mr. Abhimanshu Dhyani, Mr. Subhash Chandra, Mr. Sahil Modi and Ms. Ankita Koorich, Advocates for the applicant.
2. Mr. Deepak Bisht, Deputy Advocate General, Mr. Devendera Singh, AGA and Mr. Prabhat Kandpal, Brief Holder, for the State.
3. Applicant- Surya Kumar Kochar, who is in judicial custody in connection with FIR No. 97 of 2024, under Sections 328 and 376 IPC, registered at Police Station Doiwala, District Dehradun, has sought his release on bail.
4. Heard learned counsel for the parties and perused the material available on record.
5. Learned counsel for the applicant submits that the applicant has falsely been implicated; there is no credible evidence against him; medical examination and records does not support the prosecution case; the allegations made against the applicant is based on the statements of respondent no.2, who claims that on 16.03.2024, she and her brother were served a banana shake laced with an unknown substance at the applicant’s residence rendering them unconscious, while on 19.03.2024, the prosecutrix vaguely recalls someone attempting to kiss her but has no clear memory of the events from
night of 16.03.2024 until the morning of 17.03.2024; prosecutrix and her family have had a close and cordial relations with the applicant’s family over last eight years, which casts serious doubts on the credibility of the sudden allegations.
6. It is further submitted that there is two days delay in filing the FIR; the medical and genital examinations conducted on the prosecutrix reveals no signs of injury, abnormality or the presence of spermatozoa, which negates any sexual assault upon her; the applicant posses unblemished record and no criminal antecedents is reported against him.
7. Per contra, learned State counsel vehemently opposed the bail application.
8. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that application deserves bail at this stage.
9. Accordingly the bail application is allowed.
10. Let the applicant, namely, Surya Kumar Kochar, be released on bail, on his executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned.
(Alok Mahra J.)
19.03.2025 Kaushal