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2024 DIGILAW 377 (UTT)

Sunil Kumar v. State of Uttarakhand

2024-05-22

RAVINDRA MAITHANI

body2024
JUDGMENT : (Ravindra Maithani, J.) : Delay in filing counter affidavit is condoned. Counter affidavit is taken on record. Delay Condonation Application IA No.2 of 2024 stands disposed of, accordingly. 2. Applicant Sunil Kumar seeks anticipatory bail in Case Crime No.123 of 2024, under Sections 376, 504 and 506 IPC, Police Station Kunda, District Udham Singh Nagar. 3. Heard learned counsel for the parties and perused the record. 4. According to the FIR, the applicant has been sexually exploiting the informant for the last 10 years from the date of filing of the FIR. He also got once the foetus of the informant aborted. The FIR records that after the applicant was appointed in the Government Job,, he started threatening the informant. 5. Learned counsel for the applicant would submit that the victim is major; it is a case of relationship. Therefore, it is a case fit for bail. 6. Learned counsel for the informant would submit that the informant is 6 months’ pregnant; the applicant is declining to marry; under the misconception of facts, the applicant established physical relations with the victim. 7. Learned State Counsel adopts the arguments, as advanced by learned counsel for the informant. 8. Having considered, this Court is of the view that this is a case, in which the applicant should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed. 9. The anticipatory bail application is allowed. 10. In the eventuality of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the Arresting Officer (“AO”). 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 court concerned. (iv) The applicant shall deposit his passports with the AO. The passport may only be returned by the order of the court concerned. In case the applicant does not have passport, he shall give an undertaking to that effect to the AO. (v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.