Kabir Ahmed Khan vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in Case Crime No.88 of 2023, under Sections 376, 419, 420, 506 IPC, Police Station- Kotwali, District- Dehradun. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, the applicant and the informant came close to each other in the year 2019. The applicant gained the confidence of the informant and under the pretext of marriage, established physical relations with her on multiple occasions and had also taken money from her. Subsequently, he declined to marry.

Learned counsel for the applicant would submit that both the applicant and the victim are major; the relationship was consensual; the victim has been examined at trial. In her cross-examination, she has admitted that the applicant never demanded money and she has visited along with the applicant on various places.

Learned State Counsel would submit that the victim has supported the prosecution case at trial.

It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial, or in any other proceeding.

The applicant and the victim both are known to each other for many years. They visited various places. The victim has already been examined at trial. She has admitted that she visited along with the applicant at some other places also.

Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to 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 in the like amount, to the satisfaction of the court concerned.