HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No.2769 of 2023 Surjeet Shah …..….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Ms. Reema Rana, 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.01 of 2022, dated 31.03.2022, under Sections 363, 366-A, 376(2)(n), 376(3) IPC and Sections 5(l)/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Maindkhal, District Tehri Garhwal. 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, had left her home for examination on 28.03.2022, but she does not reach at the Examination Centre nor did she return. An FIR was lodged. 4. Learned counsel for the applicant would submit that the victim has already been examined; she 2 has stated that she was in romantic relationship with the applicant. 5. Learned State counsel would admit that as per statement of PW2, the victim, she was in romantic relationship with the applicant. He would submit that the victim has married with the victim and she states that the applicant has forcibly established relations with her. 6. It is the stage of bail. Much of the discussion at this stage is to be avoided. To the extent of appreciating the controversy the matter may be examined with the caveat that any observation made at this stage shall have no bearing at any subsequent stage of the case. 7. PW2, the victim, has already been examined at trial, who has stated that she was in romantic relations with the applicant. They were talking with each other. They left their respective homes and stayed together. 8. Having considered, this Court is of the view that subject to certain conditions, the applicant may be enlarged on bail. 9. The bail application is allowed. 3 10. 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, subject to the following conditions:- (i) The applicant or any of his relatives shall not make any contact with the victim, in any manner, whatsoever, either physically, electronically or by any other means. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer and the applicant should not tamper with evidence. (Ravindra Maithani, J.) 11.02.2025 Sanjay