BA1/591/2024 of SAURABH KUMAR Vs STATE OF UTTARAKHAND — BA1/591/2024 of SAURABH KUMAR Vs STATE OF UTTARAKHAND

Parties

Saurabh Kumar (PETITIONER)
State of Uttarakhand (RESPONDENT)

Cites (2)

Statutes cited (3)

constitution of india, article-341 (1950)
constitution of india, article-226 (1950)
constitution of india (1950)

Full text

solid underline = linked page · dashed underline = case is in our corpus, page not published yet · dotted red = recognized reference, not in our corpus

Show all Body

HIGH COURT OF UTTARAKHAND AT NAINITALFirst Bail Application No.591 of 2024

Saurabh Kumar

….....Applicant

Versus

State of Uttarakhand

….….Respondent

Present:-

Mr. Mohd. Safdar, Advocate for the applicant. Mr. M.A. Khan, AGA for the State.

Hon’ble Ravindra Maithani, J. (Oral)

Applicant is in judicial custody in Case Crime/FIR No.195 of 2023, under Sections 376, 504, 506 IPC & Section 5(l)/6 of Protection of Children from Sexual Offences Act, 2012, Police Station Prem Nagar, 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 was in close relations to the applicant. They entered into friendship. Once, the applicant took the victim in hostel, he established physical relation with her and made obscene videos and thereafter started blackmailing.

4. Learned counsel for the applicant would submit that the charge-sheet has already been filed in the matter. The victim has been examined. The victim and the applicant, both were in relationship. No obscene

videos have been recovered by the police. Hence, it is case fit for bail.

5. Reference has been made to the statement of the victim recorded during trial, wherein she has stated that she was in friendship with the applicant. Though, the victim has also stated that the rape was committed by the applicant upon her.

6. Learned State counsel admits that according to the victim, she was friend of the applicant. The applicant established physical relations with her. He would also submit that no obscene videos were recovered by the police.

7. Having considered, this Court is of the view that it is case fit for bail and the applicant deserves to be enlarged on bail.

8. The bail application is allowed.

9. 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.

(Ravindra Maithani, J) 25.11.2024