Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No.2214 of 2024 Aneesh
…..….....Applicant Versus State of Uttarakhand
….….Respondent Present:- Ms. Nipush Mola Joshi and Ms. Chetna Latwal, Advocates for the applicant. Ms. Manisha Rana Singh, Deputy Advocate General for the State.
Hon’ble Ravindra Maithani, J. (Oral)
The applicant is in judicial custody in FIR/Case Crime No.367 of 2024, dated 23.8.2024, under Sections 115, 123, 64, 351(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Bazpur, District Udham Singh Nagar. 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 runs a shop, where the victim visited for purchasing. In due course of time, the applicant befriended the victim and by spiking her drinks, once established physical relations with her; took some photographs and videos and, thereafter started blackmailing her; he finally sent the obscene videos to the husband of the victim.
2
4.
Learned counsel for the applicant would submit that the applicant and the victim, both are married; their relations were consensual; the applicant runs a shop, he gave money to the victim on demand; they used to have WhatsAap video chats; certain video chats have also been referred to; the relationship was much consensual. It is also argued that there is no video which was recovered during investigation.
5.
Learned State counsel would submit that the victim has supported the prosecution case during investigation. She admits that there is no video, as such ever recorded.
6.
Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
7.
The bail application is allowed.
8.
Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.
(Ravindra Maithani, J.)
06.01.2025 Sanjay SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08bbd504686df4d1afc60f54a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD8EC450A84B515A087CAEFD1B3179A7DEAE40699, cn=SANJAY KANOJIA Date: 2025.01.06 18:32:37 +05'30'