Kamlesh Singh Chauhan vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Kamlesh Singh Chauhan is in judicial custody in FIR No.21 of 2021, under Sections 376, 504 and 506 IPC, Police Station- Kempty, District-Tehri Garhwal. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, the victim was born in the year 1994. She and the applicant came in contact in the year 2017. The applicant proposed the victim for marriage and under the pretext of marriage, established physical relations with her and continued it on multiple occasions. Subsequently, the victim came to know that, in fact, the applicant was married.

It is the case of the applicant that, in fact, he was married, and this fact was known to the victim. The wife of the applicant was not conceiving, therefore, the wife of the applicant herself wanted the applicant to marry another woman, and she contacted the informant. The relationship was consensual. But, subsequently, the informant started blackmailing the applicant. There were a lot of acrimony between the parties, which was mutually settled and there was a compromise done in between.

Learned counsel for the applicant would submit that no case is made out against the applicant; chargesheet has been filed, but the proceedings have been stayed by this Court in a proceeding under Section 482 of the Code of Criminal Procedure, 1973.

Certain documents have been referred to by learned counsel for the applicant, which include the chat between the parties and a copy of the compromise.

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

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.