High CourtsSingle Bench

Deepak vs State Of Uttarakhand

Uttarakhand High Court · Decided on 26 December 2023 · Citation: (2023) 12 UK CK 0170

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 328, 376(2)(n), 506
RESULT
Allowed
CASE NUMBER
Anticipatory Bail Application No. 797 Of 2023
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Judgment

14 paragraphs · 310 words

Ravindra Maithani, J

1.

Applicant seeks anticipatory bail in Case Crime No.598 of 2022, under Sections 328, 376(2)(n) and 506 IPC, Police Station SIDCUL, District Haridwar.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, the applicant trapped the victim in love and under deception established physical relations with her. Thereafter, continued establishing physical relations under the pretext that he would marry her, but he declined to marry.

4.

Learned counsel for the applicant would submit that the applicant has been in relation with the victim; he is ready and willing to marry the victim; the parties have settled the dispute as well.

5.

Learned State Counsel would submit that the victim has supported the case during investigation.

6.

Having considered the facts and circumstances of the case, this Court is of the view that this is a case, in which the applicant should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed.

7.

The anticipatory bail application is allowed.

8.

In the eventuality of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the applicant shall also comply with the following conditions:-

(i) The applicant shall co-operate with the investigation.

(ii) The applicant shall not approach any witness in any manner, whatsoever.

(iii) The applicant shall not leave the country without prior permission of the court concerned.

(iv) The applicant shall deposit his passport with the AO. The passport may only be returned by the order of the court concerned. In case the applicant does not have passport, he shall give an undertaking to that effect to the AO.

(v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.