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2025 DAILYLAW 17425 (UTT)

PRADEEP SINGH v. STATE OF UTTARAKHAND

BA2/268/2024 · 2025-12-11

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Second Bail Application No.268 of 2024 Pradeep Singh ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Pradeep Chamyal, Advocates for the applicant. Mr. Virendra Singh Rawat, AGA for the State. Hon’ble Ravindra Maithani, J. (Oral) The applicant is in judicial custody in FIR No.106 of 2022, dated 21.03.2022, under Sections 376(2-n) IPC and Sections 5(l)(j)(ii)/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Sitarganj, District Udham Singh Nagar. He has sought his release on bail. It is second bail application of the applicant. His first bail application has already been rejected on 02.01.2023. 2. Heard learned counsel for the parties and perused the record. 3. According to the FIR, the victim, a young girl of 16 years of age, revealed it to her brother that the applicant established physical relations with her, due to which, she is pregnant. 4. Learned counsel for the applicant would submit that the applicant and the victim, both were in romantic relationship; 2 they have consensual relations; this is what the victim has stated during investigation in her statement under Section 164 of the Code of Criminal Procedure, 1973. 5. This fact is admitted by the learned State Counsel. 6. In the cases of Mahesh Kumar v. State (NCT of Delhi), 2023 SCC OnLine Del 2634, Faizan Wahid Baig v. The State of Maharashtra, MANU/MHOR/62774/2022, Vijaylakshmi and another v. State and another, 2021 SCC OnLine Mad 317, Shri John Franklin Shylla v. State of Meghalaya & Anr., 2023 SCC OnLine Megh 303 and Ashik Ramjali Ansari v. State of Maharashtra and another, 2023 SCC OnLine Bom 1390, the Courts have either granted bail or quashed the proceedings or acquitted the accused in the cases like instant one. 7. Having considered, this Court is of the view that subject to certain conditions, the applicant may be enlarged on bail. 8. The bail application is allowed. 9. 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. 3 (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.) 11.12.2025 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=e50e50b49596520698eff87e0a08b bd504686df4d1afc60f54a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255 DD8EC450A84B515A087CAEFD1B3179A7DE AE40699, cn=SANJAY KANOJIA Date: 2025.12.12 18:55:31 +05'30'