Mohd. Farman vs State Of Uttarakhand

Ravindra Maithani, J

Applicant- Mohd. Farman is in judicial custody in FIR No.210 of 2023, under Sections 342, 328, 376, 323, 506 IPC, Police Station- Rudrapur, District- Udham Singh Nagar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, the victim is married, who is blessed with a daughter. Due to matrimonial discord, she is staying with her mother. She came in contact with the co-accused Maan. On 08.04.2023, at 8:30 in the morning, the co-accused Maan enticed the victim and took her in his house where the applicant and the co-accused Maan raped her twice. The applicant happens to be the uncle of co-accused Maan.

Learned counsel for the applicant would submit that it is a matter of relationship; the FIR is false. He would refer to the statement of the victim recorded during trial to argue that in her statement, the victim has admitted that she was in relationship with the co-accused Maan. They wanted to marry also.

Learned State Counsel would submit that it is the applicant, who spiked the eatables and under that state of unconsciousness, the victim was raped.

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.

According to the FIR, the victim was enticed, then raped under deception. The FIR does not speak of relationship between the applicant and the co-accused Maan. Admittedly, the victim, in her statements recorded during trial, has admitted that she was in relationship with the co-accused Maan, and they wanted to marry each other.

Having considered the entirety of facts, 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.