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2025 DAILYLAW 13417 (UTT)

PRATAP VISHWAS v. STATE OF UTTARAKHAND

BA1/2653/2023 · 2025-02-11

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No.2653 of 2023 Pratap Vishwas …..….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. B.S. Koranga, Advocate holding brief of Mr. Vikas Kumar Guglani, Advocate for the applicant. Mr. Akshay Latwal, Brief Holder for the State. Hon’ble Ravindra Maithani, J. (Oral) The applicant is in judicial custody in FIR No.148 of 2023, dated 05.05.2023, under Sections 147, 323, 363, 376(3), 504, 506 IPC and Sections 5/6 of the Protection of Children from Sexually Offences Act, 2012, Police Station Kichha, 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 victim, a young girl of 14 years was enticed by the applicant in the month of April, 2016 and took her with him. Subsequently, the victim was recovered from the house of the applicant on 17.01.2023. She was confined in a room. FIR records that the victim revealed that she has been locked in a room by the applicant, who rapes her. She delivered a baby girl. 2 4. Learned counsel for the applicant would submit that the victim is wife of the applicant; she had also lodged an FIR under Section 498-A IPC and Sections 3/4 of the Dowry Prohibition Act, 1961 at Police Station Easgaon, District Humrambheem in the State of Telangana, in which, the charge-sheet has been filed and the applicant has been summoned. Reference has been made to Annexure No.2, the FIR and the charge-sheet in Telangana case. 5. State was required to file objections. State has yet not filed objections. 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.) 11.02.2025 Sanjay