Vikas Yadav vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Vikas Yadav is in judicial custody in Case Crime No.0378 of 2023, under Sections 323, 458, 376(2) IPC and Section ¾ of the Protection of Children from Sexual Offences Act, 2012, Police Station- Thana Kashipur, 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, in the intervening nigh of 1/2.08.2023, morning at 3-4:00, two persons jumped into the house of the informant. The informant caught hold of them, but he was attacked by them with a knife. One of them is the applicant. They are named. Subsequently, it is the prosecution case that two minor daughters of the informant had relations with the two boys. One of them is the applicant. The applicant had come to meet the daughter of the informant, but somehow, he was detected.

Learned counsel for the applicant would submit that the applicant and the victim both were in relationship for years; on the date of incident, the applicant had entered into the house of the informant to meet his girlfriend. He would also submit that the victim, in her statements under Section 164 of the Code of Criminal Procedure, 1973 (“the Code”), has stated that she was in relationship with the applicant, who had come on that date to meet her.

Learned State Counsel admits the factual aspects to the extent, as argued on behalf of the applicant, but she would submit that the victim, in her statement before the court, has stated that on the date of incident, the applicant forcibly raped her.

It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial, or in any other proceeding.

The FIR, the statement of the victim recorded under Section 164 of the Code and the statement of the victim given in the court are much wavering. During investigation, under Section 164 of the Code, the victim has stated that she was in relationship with the applicant and the applicant had come to meet her on that date alone and had not done anything with her on that date.

Having considered, this Court is of the view that it is a case fit for bail and 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.