BA1/231/2022 of VIVEK ALIAS BINNU Vs STATE OF UTTARAKHAND

HIGH COURT OF UTTARAKHAND AT NAINITAL

First Bail Application No.231 of 2022

Vivek @ Binnu

...Applicant

Versus

State of Uttarakhand

...Respondent

Present:-

Mr. Ankur Sharma, Advocate for the applicant. Mr. T.C. Agarwal, D.A.G. for the State.

Hon’ble Ravindra Maithani, J. (Oral)

Applicant Vivek @ Binnu is in judicial custody in Case Crime No. 02 of 2020, under Sections 376, 370A, 120B, 506 IPC and Section 5 (l) (j) (ii)/6 of the Protection of Children From Sexual Offences Act, 2012, Police Station Chakrata, District Dehradun. He has sought his release on bail.

2. Heard learned counsel for the parties and perused the record.

3. According to the FIR, the victim young girl of 14 years of age was kidnapped by the applicant and the co-accused. The applicant and the co-accused have been exploiting the victim physically, mentally and sexually. report was lodged by the father of the victim on 11.11.2020. According to the FIR, the victim was missing from her house from 08.10.2020.

4. Learned counsel for the applicant would submit that it is case fit for bail. The applicant and the victim both are married. They both had filed petition for protection in the High Court of Punjab and Haryana when the victim has given affidavit in support of her contention in which the parents of the victim are also party. The victim on her free will stayed in the house of the applicant in Haryana, where police had approached them on multiple occasions with regard to the protection writ, which they have filed in the Court. But then also the victim did not reveal anything.

5. State has not chosen to file counter affidavit. Learned counsel for the State would admit that the victim has stated that she had married with the applicant. According to him, it was marriage by force. Although, he admits that applicant and the victim both have filed protection writ.

6. The applicant has filed protection writ which was filed by the applicant and the victim before the Punjab and Haryana High Court, in which the victim has also filed an affidavit revealing therein that they both have married and major. The protection writ was decided on 12.10.2020. The victim has already been examined in the court. She has stated that she and the applicant have married. But according to her, it was marriage by force.

7. Much of the discussion is not expected of at this stage. In her cross examination, the victim has stated that she stayed in the house of the applicant in Haryana where the police visited on multiple occasions and she never complained of it.

8. Having considered the entirety of facts, this Court is of the view that the applicant deserves to be

9. The bail application is allowed.

10. Let the applicant be released on bail, on his executing personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.

Jitendra

(Ravindra Maithani, J.)

21.11.2022