Bhupendra Ram Alias Pali vs State Of Uttarakhand

Ravindra Maithani, J

The applicant is in judicial custody in Special Sessions Trial No.30 of 2023 in connection with FIR No.14 of 2023, dated 02.06.2023, under Sections 363, 366, 376 IPC and Sections 4(2) of The Protection Of Children From Sexual Offences Act, 2012, Police Station Tharali, District Chamoli. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, the victim, a young girl of

14 years left her house on 01.06.2023 at 03:00 PM. She did not return. Suspicion was raised on the applicant that it is he, who might have taken the victim along with him as the applicant is also not in the village.

Learned counsel for the applicant would submit that the applicant and the victim, both were in relationship; the applicant is of 20 years of age; the prosecution has not proved the age of the victim; the victim has stated that she was in relationship with the applicant.

Learned State counsel would submit that the victim has supported the prosecution case during trial. She is 14 years of age.

It is the stage of bail. Much of the discussion at this stage is to be avoided. To the extent of appreciating the controversy the matter may be examined with the caveat that any observation made at this stage shall have no bearing at any subsequent stage of the case.

In her statement recorded under Section 164 of the Code of Criminal Procedure, 1973, the victim has revealed that the applicant and she, both were known to each other. They had shared their mobile numbers to each others. In her examination before the court, particularly in her cross-examination, she has admitted that she had telephoned the applicant that her family members are going to fix her marriage to some other place. Therefore, she on her own left her house and joined the company of the applicant. During investigation she revealed that she was in relationship with the applicant.

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.

Having considered, this Court is of the view that subject to certain conditions, the applicant may be enlarged on bail.

The bail application is allowed.

Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable 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 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.