HIGH COURT OF UTTARAKHAND AT NAINITAL Second Bail Application No.120 of 2024 Rajeev Kumar ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Vikas Anand with Ms. Gyan Mati Kushwaha, Advocates for the applicant. Mr. V.S. Rawat, AGA for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant is in judicial custody in FIR No.581 of 2022, under Sections 363, 366, 376(3) and 506 IPC and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Bazpur, District Udham Singh Nagar. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. This is the second bail application of the applicant. The first bail application was dismissed as withdrawn on 08.01.2024. 4. According to the FIR, the applicant had molested the victim; she was a young girl. On 15.02.2022 in the night, the applicant took the victim in his house by enticing her and raped her. FIR records that earlier also, the applicant did such acts. 2 5. Learned counsel for the applicant would submit that the victim and the applicant, both were in relationship. This is what the victim has stated during investigation and has also admitted during trial. 6. Learned State Counsel admits that according to the victim, she and the applicant both were in consensual relations. He would submit that the victim has supported the prosecution case at trial. 7. It is the stage of bail. Much of the discussion at this stage is not expected of. 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. 8. What is the prosecution case is that the applicant had enticed the victim in the midnight from her house and took her in the room. When the victim was searched, she was found. Does it mean that the applicant and the victim, both were consenting? In para 18 of her statement, the victim has stated at trial that she did not tell anyone that she was in romantic relationship with the applicant. 3 9. Learned State Counsel admits that during investigation, the victim has stated that she was in romantic relationship with the applicant. 10. 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. 11. The bail application is allowed. 12. 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) 07.01.2025 Ravi