Kamal Jeet vs State Of Uttarakhand

Ravindra Maithani, J

Applicant seeks anticipatory bail in SST No.43 of 2021, State of Uttarakhand vs. Kamal Jeet, in connection with FIR No.226 of 2020, under Sections 376 IPC & 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Jaspur, District Udham Singh Nagar.

Heard learned counsel for the parties and perused the record.

According to the FIR, the applicant established physical relations with the informant under the pretext of marriage. The family members of the applicant are now denied for the marriage on the ground of caste region.

Learned counsel for the applicant would submit that the charge-sheet has already been filed in the matter. During investigation, the arrest of the applicant was stayed. He would submit that the victim has not supported the prosecution case in her statement under Section 164 of the Code of Criminal Procedure, 1973.

These facts are not denied by the learned State Counsel.

Having considered the entirety of facts, this Court is of the view that it is a fit case for anticipatory bail. The instant anticipatory bail application deserves to be allowed.

The anticipatory bail application is allowed.

In the eventuality of arrest, the applicant shall be released on his furnishing a person bond with two sureties each in the like amount, to the satisfaction of the court concerned. In addition to it, the applicant shall also comply the following conditions:-

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

(ii) He shall not leave the country without prior permission of the concerned court.

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

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