Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 13031 (UTT)

YOGESH KUMAR v. STATE OF UTTARAKHAND

ABA/1189/2024 · 2025-02-10

Ravindra Maithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF UTTARAKHAND AT NAINITAL Anticipatory Bail Application No. 1189 of 2024 Yogesh Kumar ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Tajhar Qayyum, Advocate for the applicant. Ms. Manisha Rana Singh, Deputy Advocate General for the State. Hon’ble Ravindra Maithani, J. (Oral) The applicant seeks anticipatory bail in FIR No.267 of 2024, dated 01.09.2024, under Sections 376, 504, 506 IPC, Police Station Ramnagar, District Nainital. 2. Heard learned counsel for the parties and perused the record. 3. According to the FIR, the informant came in contact with the applicant four years prior to lodging the FIR through some social media platform. Thereafter, the applicant under the pretext of marriage established physical relations with the informant and he continued doing so on multiple occasions. The FIR records that the applicant has already married to some other woman, but still he is blackmailing the informant. 4. Learned counsel for the applicant would submit that the applicant has already been married in the 2 year 2023; he has no relations with the victim; earlier they had friendly relations. 5. State was required to file objection, but it has yet not been filed. 6. Learned State counsel would submit that as per the rejection order, the victim has supported the prosecution case during investigation. 7. Having considered, this Court is of the view that this is a case, in which, the applicant should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed. 8. The anticipatory bail application is allowed. 9. In the eventuality of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the Arresting Officer (“the AO”) 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) He shall cooperate with the investigation. 3 (iii) The applicant shall not leave the country without prior permission of the concerned court. (iv) The applicant shall deposit his passport with the AO. The passport may only be returned by the order of the court concerned. If the applicant does not have passport, he shall give an undertaking to that effect to the AO. (v) The applicant shall also give an undertaking on (i), (ii) & (iii) above. (Ravindra Maithani, J.) 10.02.2025 Sanjay