Kamlesh vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in Case Crime No.12 of 2022, under Sections 363, 342, 120-B, 506, 376(2)(n) IPC, and Sections 5(l)/6 and 16/17 of the Protection of Children from Sexual Offences Act, 2012, Police Station- Bhimtal, District- Nainital. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

This is the second bail application. The first bail application, being BA1 No.2594 of 2022, was rejected on 02.01.2024.

According to the FIR, on 20.03.2022, midnight at 1:00, the applicant enticed the victim, a young of 16 years of age.

Learned counsel for the applicant would submit that the applicant and the victim both were in relationship; the victim, on her own, had left her house and joined the company of the applicant; the victim, in her statement under Section 164 of the Code of Criminal Procedure, 1973, has admitted that she was in romantic relationship with the applicant.

Learned counsel for the applicant has placed reliance upon the judgment in the cases of Mahesh Kumar v. State (NCT of Delhi), 2023 SCC OnLine Del 2634, Faizan Wahid Baig v. The State of Maharashtra, MANU/MHOR/62774/2022, Vijaylakshmi and another v. State and another, 2021 SCC OnLine Mad 317, Shri John Franklin Shylla v. State of Meghalaya & Anr., 2023 SCC OnLine Megh 303 and Ashik Ramjali Ansari v. State of Maharashtra and another, 2023 SCC OnLine Bom 1390, in which the Courts have either granted bail or quashed the proceedings or acquitted the accused in the cases like instant one.

Learned State Counsel admits that the parties were in romantic relationship in her statement recorded under Section 164 of the Code.

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 of the like amount, to the satisfaction of the court concerned, subject to the following conditions:-

(i) The applicant or any of his relatives shall not make any contact with the victim, in any manner, whatsoever, either physically, electronically or by any other means.

(ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer and the applicant should not tamper with evidence.