Harsh Chaudhary Alias Ahalawat 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.203 of 2023, registered at police station Kotwali Dehradun, District Dehradun. Applicant is in judicial custody under Section 376 and Section 406 of the Indian Penal Code, 1860.

This is the Second Bail Application. First Bail Application was dismissed on 20.06.2023 as withdrawn.

As per allegations of FIR, informant/victim, aged about 22 years, was working at a petrol pump. Applicant was the manager of the said petrol pump. He proposed to marry her. She agreed to marry him. Her physical relations were also established with him. Later, he refused to marry her.

Informant/victim is present in-person. She is identified by Mr. Mehboob Rahi, Advocate.

Mr. Abhishek Verma, Advocate, contended that the informant is a major lady and was living with the applicant in-live in relationship. She was very much well aware of her good and bad side and in such a situation it cannot be said that the alleged physical relationship was carried out without her consent. Applicant is ready to marry her. A supplementary affidavit dated 27.07.2023 has been filed by the victim, wherein she stated that she does not want to oppose the Bail Application. The family members of the informant and the applicant are ready for their marriage.

On the other hand, bail application has not been seriously opposed by Mr. Pratiroop Pandey, A.G.A.

Applicant is in custody since 01.06.2023. Charge-sheet has already been filed. There is nothing on record to suggest that the applicant had earlier been involved in any unacceptable activities.

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 – Harsh Chaudhary alias Ahalawat, 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.