BA1/328/2022 of VIKRAM SINGH Vs STATE OF UTTARAKHAND

HIGH COURT OF UTTARAKHAND AT NAINITAL

First Bail Application No. 328 of 2022

Vikram Singh

...Applicant

Versus

State of Uttarakhand

...Respondent

Present:-

Mr. Vinodanand Barthwal, Advocate for the applicant. Mr. V.S. Rathore, A.G.A. for the State.

Hon’ble Ravindra Maithani, J. (Oral)

Applicant Vikram Singh, is in judicial custody in Case Crime No. 41 of 2021, under Section 376, 313, 494, 406, 504, 506 IPC, Police Station Mussorie, 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 applicant and the victim were old acquaintance. The applicant runs home stay. The applicant pleaded that since he is unemployed, he is facing great hardship in maintaining his family. The victim appointed him as Manager. According to the FIR, one day, when they had gone to purchase some goods, the applicant raped her and subsequently, proposed her to marry after seeking divorce from his wife. They, in fact, solemnized some ceremonies as well. But, again he did not

perform the marriage and continued touring with the victim and established physical relations with her.

4. It is argued that the victim is the owner and the applicant was his Manager. No offence as such is committed. It is case of live-in-relationship. The applicant has been falsely implicated.

5. Learned State counsel would submit that victim has supported the prosecution case.

6. According to the FIR, the applicant had proposed the victim; they continued relationship. Had the relations been established with free consent of the victim or was it under misconception of facts? These and many more related questions would fall for scrutiny during trial.

7. Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail. Court is of the view that the applicant deserves to be enlarged on bail.

8. The bail application is allowed.

9. Let the applicant Vikram Singh 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.)

22.06.2022