Yogesh Kumar Gautam vs State Of Uttarakhand

Ravindra Maithani, J

Supplementary affidavit is taken on record. Miscellaneous Application, IA No.2 of 2023, stands disposed of, accordingly.

Applicant Yogesh Kumar Gautam is in judicial custody in FIR No.533 of 2021, under Section 376 IPC, Police Station Gangnahar, Roorkee, District- Haridwar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, the marriage of the applicant was settled with the informant in the year 2021. They were engaged. Thereafter, one day, the applicant took the victim in a hotel and established physical relations with her assuring that they are to marry very soon, but, subsequently, the applicant had broken the marriage and had declined to marry.

Learned counsel for the applicant would submit that the applicant is the only son of his parents; his engagement was fixed with the informant, but, in the meanwhile, the applicant received some videos and photographs of the informant from her earlier boyfriend revealing her affair with him, and, since these photographs have also been circulated to others, the applicant’s family had no option but to decline for marriage. It is argued that, in fact, the earlier boyfriend of the informant has also admitted it during investigation in another case and the informant has also admitted her affair with that boy.

Learned counsel for the informant would submit that the applicant knew about the affair of the informant with her earlier boyfriend. He would submit that the applicant had circulated those photographs to many family members, and now it has become difficult for the informant to get married.

Learned State Counsel adopts the arguments, as advanced by learned counsel for the informant.

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.