Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No.2564 of 2024
Bhanu Partap ….....Applicant
Versus
State of Uttarakhand ….….Respondent
Present:- Mr. Pankaj Kumar Sharma, Advocate for the applicant. Mr. Pramod Tiwari, Brief Holder for the State.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant is in judicial custody in Case Crime No.350 of 2024, under Section 67 of the Information Technology Act, 2000 and Sections 328, 376(2)(n) & 506 IPC, Police Station Jhabrera, District Haridwar. 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 and the informant both came close to each other when they were in a college in 2021; the applicant under the pretext of marriage established physical relations with her on multiple occasions.
4.
Learned counsel for the applicant would submit that their relationship was consensual. It is not an offence of rape. He would refer to the statement of the victim recorded during investigation as well as the
2 WhatsApp chat between the informant and the brother of the applicant.
5.
These factual aspects have not been denied by the learned State Counsel.
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)
02.01.2025 Ravi