Nishant Bohra vs State Of Uttarakhand

Ravindra Maithani, J

1, Applicant Nishant Bohra is in judicial custody in FIR No.0048 of 2023, under Section 376 IPC, Police Station Kotwali Pithoragarh, District- Pithoragarh. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

The FIR, in the instant case, was lodged under Section 376 IPC with the averments that the applicant had proposed the deceased and established physical relations with her. Subsequently, the deceased committed suicide. The statement of the deceased was recorded. She revealed that under the assurance of the marriage, the applicant established physical relations with her on multiple occasions. But, subsequently, she found that she has been cheated by the applicant. Therefore, she consumed poison.

Learned counsel for the applicant would submit that the investigation was underway for the offences under Sections 306 and 376 IPC. The applicant has already been granted bail under Section 306 IPC, in BA1 No.1261 of 2023. He would submit that the bail application of the applicant has also been rejected separately under Section 376 IPC.

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.