Mubarik vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Mubarik is in judicial custody in FIR/Case Crime No. 386 of 2023, under Section 376, 384 & 506 IPC, Police Station Patelnagar, District Dehradun. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 28.03.2023, between 11:00 and 12:00 in the morning, the co-accused Sohail established physical relation with the victim of which a video was made by the applicant and the co-accused. Subsequently, the applicant and the co-accused also under the threat, established physical relations with the victim.

Learned counsel for the applicant would submit that the victim is major. Her statement given during investigation reveals that she and co-accused Sohail had relationship. In her statement given to the doctor, she has named only co-accused Sohail. Charge sheet had already been filed. No video was ever recovered by the police. Hence, it is a case fit for bail.

Learned State counsel would submit that the victim has supported the case. She would submit that no video was collected during investigation.

Having considered the entirety of facts, this Court is of the view that 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.