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2024 DIGILAW 503 (UTT)

Vishal Baien v. State of Uttarakhand

2024-07-22

RAVINDRA MAITHANI

body2024
JUDGMENT : RAVINDRA MAITHANI, J. 1. Delay in filing counter affidavit is condoned. Counter affidavit is taken on record. Delay Condonation Application, IA No. 1 of 2024, stands disposed of, accordingly. 2. Applicant is in judicial custody in FIR No. 343 of 2022, under Sections 363, 366, 376(3) IPC and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Sitarganj, District Udham Singh Nagar. He has sought his release on bail. 3. Heard learned counsel for the parties and perused the record. 4. According to the FIR, on 22.08.2022, at about 7:15 AM, the victim left her home for school, but she did not return. A search was made. It was revealed that it is the applicant, who had enticed the victim. 5. Learned counsel for the applicant would submit that the applicant is in custody for more than one and a half years; 10 witnesses have been examined; had it been a case of enticement, the victim would have raised alarm at various places, where she allegedly went with the applicant. 6. Learned State Counsel would submit that the victim has supported the prosecution case at trial. 7. 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. 8. The victim has already been examined at trial. She has stated that in the year 2022, one day when she was bathing, she noticed a mobile phone on the ventilator of her bathroom, which was held by some person. As soon as she noticed it, the person removed the mobile phone. Subsequently, the applicant entered into her room and told her that he had made a video of her while she was bathing and compelled her to submit her to physical relations, or else he would make the video viral. Under that threat, according to the victim, the applicant established physical relations with her and continued doing so, blackmailed her and took her away. 9. Having considered, this Court does not see any reason, which may entitle the applicant to bail. Accordingly, the bail application deserves to be rejected. 10. The bail application is rejected.