Saif Ali @ Sameer vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in FIR No. 186 of 2024, under Sections 323, 376, 504, 506 IPC, Police Station Transit Camp, 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, by concealing his religion, the applicant introduced himself to the informant. He assured the informant of job at Rudrapur and called the informant to Rudrapur on 18.10.2022. Thereafter, the applicant established physical relations with the informant on multiple occasions also assured her to marry. Subsequently, when the religion of the applicant was revealed to the informant, according to the FIR, the applicant pressurised the informant to convert her religion, which the informant denied. But thereafter, she was threatened.

Learned counsel for the applicant would submit that the applicant and the informant both were in live in relationship. The applicant is 28 years of age, whereas, the victim is 26 years of age. The applicant never concealed his identity. In the social media platform, his identity is clear. He has given some money to the informant on various occasions. Reference has been made to Annexure 3 the transaction details to argue that the transactions reveal that they were in relationship and the applicant did not conceal his identity. He would submit that for about two years both the applicant and the informant stayed together.

Learned State counsel would submit that the victim has supported the prosecution case during investigation. Learned State counsel admits that both the applicant and the informant are major and they as per prosecution stayed together for about two years.

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, subject to the following conditions:-

(i) The applicant or any of his relatives shall not make any contact with the informant, in any manner, whatsoever, either physically, electronically or by any other means.

(ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer and the applicant should not tamper with evidence.