Kush Pandey vs State Of Uttarakhand

Alok Kumar Verma,J

The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant-Kush Pandey seeking anticipatory bail under Sections 62, 64(1) and Section 75 (2) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.318 of 2024, registered at Police Station Doiwala, District Dehradun.

As per the First Information Report dated 26.10.2024, the inform ant was digitally raped by the applicant in a hotel.

Heard Ms. Manisha Bhandari, learned counsel for applicant and Mr. Pratiroop Pandey, learned A.G.A. for State.

Ms. Manisha Bhandari, Advocate has contended that the inform ant/ alleged victim is a major, aged about 24 years. The mere act of the inform ant and applicant being present in the same room alone is proof that it was consensual on the part of both.

On 19.02.2025, Mr. G.S. Sandhu, learned Addl. Advocate General sought three days’ time to inform the informant/ victim and to get instructions with regard to the telephonic call and version of the fiancé of the informant.

Today, Mr. Pratiroop Pande, learned A.G.A., on instructions from the Investigating Officer, submitted that the inform ant/ victim is not cooperating with the investigation. She is not ready to record her statement under Section 183(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023. She has given an application to the Investigating Officer that she is unable to record her statement and to appear for her medical examination.

Ms. Manisha Bhandari, Advocate, further submitted that the applicant does not have any criminal antecedents. He is a perm anent resident of Delhi, therefore, there is no chance of his absconding, and, he was granted interim bail by this Court on 25.02.2025, and, he has not misused the conditions of the interim bail.

Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.

Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circum stances of the case, without commenting on the merits of the case, the present Application, filed for anticipatory bail, is allowed and order dated 25.02.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant, namely, Kush Pandey, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/ - and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to the following conditions: -

(i) Applicant shall cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

(iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(iv) Applicant shall not leave the country without the previous permission of the trial court.

It is made clear that if the applicant misuses or violates any of the conditions, imposed upon him , the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.