Shivam Gujjar Alias Shivom vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with Case Crime No. 391 of 2022, registered at police station Raipur, District Dehradun under Section 376 of the Indian Penal Code, 1860.

As per FIR dated 17.09.2022, informant/victim, aged about 23 years, met the applicant through the Tinder Dating App. On 16.09.2022, both had gone out for a walk. On the way, she took water, which made her slightly intoxicated. Both of them took beer, smoked hookah, which increased her intoxication. Applicant took her to a flat where he raped her.

Heard Mr. Arvind Vashisth, learned Senior Advocate assisted by Mr. Vivek Pathak with Mr. Chetan Joshi, learned counsel for the applicant and Mr. Pramod Tiwari, learned Brief Holder for the State.

Mr. Arvind Vashisth, Senior Advocate contended that informant is an adult lady. As per story of the prosecution, she herself started her account on the Dating App and created her profile voluntarily. She voluntarily met applicant, and had taken beer and other intoxicating material. Therefore, her version of sexual assault is not at all believable. Applicant has no criminal history and he is in custody since 20.09.2022.

Mr. Pramod Tiwari, Brief Holder has opposed the bail application. He submitted that evidence of the prosecutrix (PW1) has been recorded, in which, she has supported the prosecution’s case.

The object of keeping the accused person in detention during the trial is not punishment. The main purpose is manifestly to secure the attendance of the accused. Applicant is in custody since 20.09.2022. He is a permanent of District Amroha (U.P.), therefore, there is no likelihood of applicant absconding as well. Prosecutrix’s evidence has already been recorded, therefore, there is no chance of tampering with the evidence. There is nothing on record to indicate that the applicant had earlier been involved in any unacceptable activities.

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- Shivam Gujjar alias Shivom 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 with the following conditions :-

i) Applicant shall attend the trial court regularly and he will not seek any unnecessary adjournment;

ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, prosecution will be free to move the court for cancellation of bail.