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Judgment
9 paragraphs · 339 wordsAlok Kumar Verma, J
Present Application has been filed for grant of regular bail in connection with the First Information Report No.235 of 2021, registered at police station Sahaspur, District Dehradun under Sections 376, 504 and 506 of the Indian Penal Code, 1860.
As per prosecution case, the prosecutrix, aged about 20 years, lodged an FIR on 25.09.2021 that the applicant had proposed to marry her. At that time, applicant was a minor. Prosecutrix was assured by the parents of the applicant that after the applicant attains majority, he would be married to her. Thereafter, applicant physically abused her and later refused to marry her. After completion of the investigation, charge-sheet was filed. Prosecution has examined five witnesses including the prosecutrix.
Heard Ms. Divya Jain, learned counsel for the applicant and Mr. V.S. Rathore, learned AGA for the State.
Ms. Divya Jain, Advocate, contended that no specific date has been mentioned by the prosecutrix as to when the alleged physical relations were established. From the perusal of the material on record, it is evident that the alleged relationship between the applicant and the prosecutrix was consensual in nature. Applicant has no criminal history. He is in custody since 09.11.2021, and, he is a permanent resident of District Dehradun, therefore, there is no chance of his absconding.
On the other hand, Mr. V.S. Rathore, learned AGA for the State, has opposed the bail application.
Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.
The Bail Application is allowed.
Let the applicant – Sahil be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.