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2014 DIGILAW 468 (UTT)

Kayum v. State of Uttarakhand

2014-10-15

SUDHANSHU DHULIA

body2014
Judgment Sudhanshu Dhulia, J. (Oral) Heard Ms. Krishi Shukla Bhandari, Advocate for the applicant and Mr. Navneesh Negi, learned Brief Holder for the State of Uttarakhand. The applicant is in jail having been implicated in F.I.R. No. 71 of 2014, which has been registered under Sections 376/506 of I.P.C. at Police Station – Ramnagar, District - Nainital. In this case, the story of the prosecution is that one Shahid by blackmailing the prosecutrix used to have sexual relations with her. There is also reference of a video clipping. However this video clipping was not shown by the present applicant to the prosecutrix nor is it the allegation. Even if the prosecutrix was threatened or coerced, it was done by Shahid. There is no such allegation against the present applicant. Moreover, the allegations relate to about two years previous to the lodging of the F.I.R. Considering the overall evidence which is presently available before this Court, prima facie the applicant has been able to make out a case for bail. The bail application is accordingly allowed. Let the applicant (Kayum) be enlarged on bail in the aforesaid crime on his executing a personal bond and two reliable sureties each of the equal amount to the satisfaction of the Magistrate concerned. It is made clear that any observation made by this Court is only for the purpose of grant of bail. It shall not be taken into consideration at all in any other proceedings.