Anwar vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.160 of 2023, registered at police station Raiwala, District Dehradun. Applicant is in judicial custody under Sections 365, 366 and Section 376 of the Indian Penal Code, 1860.

Heard Mr. Abhishek Verma, learned counsel for the applicant through video conferencing and Mr. M.K. Chand, learned AGA for the State.

Mr. Abhishek Verma, Advocate, contended that as per First Information Report, the wife, aged about 26 years, of the informant was missing since 29.07.2023. Applicant did not know that the alleged victim, wife of the informant, was married. Both, applicant and the alleged victim were friends since the year, 2020 and the said friendship was converted into the love affection. She never disclosed the fact regarding her existing marriage. Applicant and the alleged victim were staying in Gurgaon. The police party reached Gurgaon and arrested the applicant. The First Information Report was registered under Section 365 and Section 366 of the Indian Penal Code, 1860 after the arrest of the applicant. The alleged victim has falsely stated in her statements, recorded during the course of the investigation, that the applicant had committed rape on her on the pretext of marriage. The said allegations are totally false. Applicant is in judicial custody since 04.08.2023. He is a permanent resident of District Hardoi, Uttar Pradesh, therefore, there is no chance of his absconding, and, he has no criminal history.

On the other hand, Mr. M.K. Chand, learned AGA for the State has opposed the bail application. However, he has fairly conceded that the victim is a married lady.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant- Anwar be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.