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2025 DAILYLAW 11344 (UTT)

NEERAJ v. STATE OF UTTARAKHAND

ABA/869/2024 · 2025-02-10

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Anticipatory Bail Application No. 869 of 2024 Neeraj and Others ...Applicants Versus State of Uttarakhand ….Respondent Present:- Mr. Ajay Joshi, Advocate for the applicants. Mr. Pramod Tiwari, Brief Holder for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicants-Neeraj, Smt. Shanovar, Mohit, Smt. Anu seek anticipatory bail in FIR No.0347 of 2024, under Sections 120-B, 328, 376(2)(n), 420, 506 IPC, Police Station Ranipur, District Haridwar. 2. Heard learned counsel for the parties and perused the record. 3. According to the FIR, the applicant no.1, Neeraj, came close to the informant and once spiked her juice and established physical relations with her. Thereafter, he assured the informant for marriage and also solemnized some rituals of marriage in a temple. The FIR is quite in detail, which says that on multiple occasions, the applicant no.1 established physical relations with the informant and took her in his house also. But, subsequently, the applicants declined for marriage. 4. Learned counsel for the applicant would submit that ad interim anticipatory bail was granted to the 2 applicants. Now, chargesheet has been filed. The applicants Smt. Shanovar, Mohit and Smt. Anu have been exonerated. 4. These facts are admitted by learned State Counsel. 5. Since applicants Smt. Shanovar, Mohit and Smt. Anu have already been exonerated, the anticipatory bail application is rendered infructuous qua the applicants Smt. Shanovar, Mohit and Smt. Anu. 6. Having considered, this Court is of the view that this is a case, in which the applicant, Neeraj, should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed. 7. The anticipatory bail application is allowed. 8. In the eventuality of arrest, the applicant, Neeraj, shall be enlarged on bail on his furnishing a personal bond with two sureties, each in the like amount, by each one of them, to the satisfaction of the court concerned. In addition to it, the applicant shall also comply with the following conditions:- (i) The applicant shall not approach any witness in any manner, whatsoever. (ii) The applicant shall not leave the country without prior permission of the court concerned. (iii) The applicant shall deposit his passport with the court concerned. The passport may only be returned by the order of the court concerned. In case the applicant does not have passport, he shall 3 give an undertaking to that effect to the court concerned. (iv) The applicant shall also give an undertaking on (i) and (ii) above. (Ravindra Maithani, J.) 10.02.2025 Ravi Bisht