Dharamveer vs State of Uttarakhand

Hon''ble Dharam Veer, J.—Heard Sri Pawan Kumar, Learned Counsel for the applicant and Sri S.S. Adhikari, learned AGA for the State.

In brief, the prosecution case is that victim Km. Anni had gone with the applicant on 14.2.2007 at about 6:00 P.M. For the same averment, the FIR was lodged by Sri Ram Avtar, father of victim Km. Anni at P.S. Kotwali Gangnahar, Distt. Hardwar on 16.2.2007 at 19:00 hours Victim Km. Anni was recoverd by the police on 17.02.2007 at Roorkee and later on her statement was recorded u/s 164 Code of Criminal Procedure Learned Counsel for the applicant sub-mitted that as per the medical report, her age is more than 16 years and less than 18 years. He also submitted that two years age relaxation may be considered in the case of the applicant. He further submitted that victim was major and if the victim had gone, she had gone with her own consent. He further submitted that the victim has also stated in her statement recorded u/s 164 Code of Criminal Procedure that firstly she had gone with the applicant at Muzzafarnagar, then at Rampur and after that she had gone to Roorkee. He further submitted that the victim Km. Anni had visited at the densely populated cities of Muzzaffarnagar, Rampur and Roorkee, but she had not made any quarrel. In these circumstances she is considered to be a consenting party.

Without expressing any opinion as to the final merits of the case, this Court is of the view, that the applicant deserves bail at this stage.

Let applicant Dharamveer be released on bail on his executing personal bond and furnishing two sureties each of the like amount to the satisfaction of Chief Judicial Magistrate, Hardwar.

The bail application is disposed of accordingly.