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2023 DIGILAW 135 (UTT)

Rakesh Kumar Sharma v. State of Uttarakhand

2023-01-20

RAVINDRA MAITHANI

body2023
JUDGMENT Ravindra Maithani, J. - Applicant-Rakesh Kumar Sharma seeks anticipatory bail in FIR No.05 of 2023, under Section 306 IPC, Police Station Khatima, District Udham Singh Nagar. 2. Heard learned counsel for the parties and perused the record. Learned counsel for the applicant appeared through video conferencing. 3. According to the FIR, co-accused Aman Sharma established physical relations with deceased Priyanka Kashyap under the pretext of marriage. In that connection an FIR No.88 of 2021, under Sections 376, 323 & 504 IPC was lodged, in which charge-sheet has been submitted. The FIR, in the instant case, records that after obtaining stay, co-accused Aman Sharma threatened the deceased on multiple occasions, due to which, on 07.01.2023, the deceased committed suicide and she also left her video. 4. Learned counsel for the applicant would submit that applicant is a father of co-accused Aman Sharma. He has not been named in the alleged video. 5. Learned State Counsel would submit that, as per instructions, the applicant is not named in the video. He would submit that the State does not propose to file any objections separately now. 6. Having considered the entirety of facts, this Court is of the view that this is a fit case for anticipatory bail. The instant anticipatory bail application deserves to be allowed. 7. The anticipatory bail application is allowed. 8. In the eventuality of arrest, the applicant shall be enlarged on bail on his furnishing the personal bond in the sum of Rs. 20,000/- with two sureties, each in the like amount, to the satisfaction of the Investigating Officer ('IO'). In addition to it, the applicant shall also comply with the following conditions:- (i) The applicant shall co-operate with the investigation. (ii) The applicant shall not approach any witness in any manner, whatsoever. (iii) The applicant shall not leave the country without prior permission of the concerned court. (iv) The applicant shall deposit his passport with the Investigating Officer ('IO'). The passport may only be returned by the order of the court concerned. In case the applicant do not has passport, he shall give an undertaking to that effect to the IO. (v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.