HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No. 624 of 2024
Abhishek ….....Applicant
Versus
State of Uttarakhand ….….Respondent
Present:-
Mr. Avidit Noliyal, Advocate for the applicant.
Mr. V.S. Rawat, A.G.A. with Ms. Rangoli Purohit, Brief Holder
for the State.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant is in judicial custody in Case Crime
No.479 of 2023, under Sections 363, 366, 376(3), and
376(2)(n) IPC, and Sections 3(a)/4(ii), 5(l)/6 of the
Protection of Children from Sexual Offences Act, 2012,
Police Station- Jhabrera, District- Haridwar. He has
sought his release on bail.
2. Heard learned counsel for the parties and
perused the record.
3. According to the FIR, on 02.09.2023, at about
2:00 PM, the applicant enticed the victim, a young girl of
15 years of age.
4. Learned counsel for the applicant would
submit that the applicant and the victim both were in
romantic relationship; the victim has stated so in her
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statements recorded under Sections 161 and 164 of the
Code of Criminal Procedure, 1973; the applicant and the
victim wanted to marry.
5. These factual aspects are not denied by learned
State Counsel.
6. In the cases of Mahesh Kumar v. State (NCT of
Delhi), 2023 SCC OnLine Del 2634, Faizan Wahid Baig v.
The State of Maharashtra, MANU/MHOR/62774/2022,
Vijaylakshmi and another v. State and another, 2021 SCC
OnLine Mad 317, Shri John Franklin Shylla v. State of
Meghalaya & Anr., 2023 SCC OnLine Megh 303 and
Ashik Ramjali Ansari v. State of Maharashtra and
another, 2023 SCC OnLine Bom 1390, the Courts have
either granted bail or quashed the proceedings or
acquitted the accused in the cases like instant one.
7. Having considered, this Court is of the view
that it is a case fit for bail and the applicant deserves to
be enlarged on bail.
8. The bail application is allowed.
9. Let the applicant be released on bail, on his
executing a personal bond and furnishing two reliable
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sureties, each of the like amount, to the satisfaction of the
court concerned, subject to the following conditions:-
(i) The applicant or any of his relatives shall
not make any contact with the victim, in
any manner, whatsoever, either
physically, electronically or by any other
means.
(ii) The applicant shall not directly or
indirectly make any inducement, threat or
promise to any person acquainted with
the facts of the case so as to dissuade him
from disclosing the facts to Court or any
Police Officer and the applicant should
not tamper with evidence.
(Ravindra Maithani, J)
19.07.2024
Ravi Bisht
