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Sahil vs State Of Uttarakhand

Uttarakhand High Court · Decided on 7 November 2023 · Citation: (2023) 11 UK CK 0045

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 366
RESULT
Allowed
CASE NUMBER
Anticipatory Bail Application No. 566 Of 2023
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Judgment

16 paragraphs · 354 words

Ravindra Maithani, J

1.

Applicant seeks anticipatory bail in FIR No. 189 of 2022, under Section 366 IPC, Police Station Pulbatta, District Udham Singh Nagar.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, the victim a young girl of 17 years was found missing from her house from 24.11.2022. She was traced, but could not be located.

4.

Learned counsel for the applicant would submit that the applicant and the victim, both were major. They are married. The victim has delivered a baby boy. The victim has also stated so to the Investigating Officer.

5.

Learned State counsel would submit that victim in her statement revealed that she is major. The relations were consensual.

6.

In the instant case, although the record reveals that according to the school record, the victim was born in the year 2006 and in her Aadhar Card, her date of birth was 01.01.2003. But, in her family register, she was shown born in the year 1996.

7.

At this stage, the Investigating Officer does not claim that the victim was a child.

8.

Having considered the entirety of facts, this Court is of the view that this is a case fit for anticipatory bail.

9.

The anticipatory bail application is allowed.

10.

In the eventuality of arrest, the applicant shall be enlarged on anticipatory bail subject to his furnishing a personal bond with two sureties, each of the like amount to the satisfaction of the Investigating Officer. In addition to it, the applicant shall also comply with the following conditions:

(i) The applicant shall co-operate with the investigation.

(ii) The applicant shall not approach any witness/victim in any manner, whatsoever.

(iii) The applicant shall not leave the country without prior permission of the concerned court.

(iv) The applicant shall deposit his passport with the IO. The passport may only be returned by the order of the court concerned. In case the applicant does not have passport, he shall give an undertaking to that effect to the IO.

(v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.