Tanveer Ahmad vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application, under Section 439 of the Code of Criminal Procedure, 1973, has been filed for grant of regular bail in connection with Case Crime No. 767 of 2022, registered at police station Patel Nagar, District Dehradun under Section 376, 504 and Section 506 of the Indian Penal Code, 1860.

Mr. Gaurav Singh, learned counsel for the applicant through video conferencing.

Mr. Pramod Tiwari, learned Brief Holder for the State.

Mr. Gaurav Singh, Advocate, has submitted that the informant/prosecutrix is a major lady. Applicant and the prosecutrix were acquainted with each other since the year, 2020. They both were in love and affection with each other. In the month of May, 2022, some misunderstanding occurred between them. Consequently, their relationship was broken. All the allegations of the FIR are false. Applicant is in custody since 11.03.2023. He has no criminal history. He is a permanent resident of District Haridwar, and, the prosecutrix did not support the case of the prosecution in her cross-examination.

On the other hand, learned counsel for the State has opposed the bail application. However, he fairly conceded that the applicant has no criminal history and the prosecutrix has turned hostile in her cross-examination.

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 – Tanveer Ahmad  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.