HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No.2502 of 2024
Rakesh Kumar alias Rajendra Kumar …..….....Applicant
Versus
State of Uttarakhand ….….Respondent
Present:-
Mr. B.M. Pingal, Advocate for the applicant.
Ms. Manisha Rana Singh, Deputy Advocate General for the
State.
Hon’ble Ravindra Maithani, J. (Oral)
The applicant is in judicial custody in Sessions
Trial No.38 of 2024 in connection with FIR No.46 of 2024,
dated 08.04.2024, under Section 376 IPC, Police Station
Kaladungi, District Nainital. He has sought his release on
bail.
2. Heard learned counsel for the parties and
perused the record.
3. The victim aged 22 years, left her home on
22.03.2024 at 11:00 in the night without informing
anyone in the family. Subsequently, she was recovered.
According to the statement of the victim recorded under
Section 161 of the Code of Criminal Procedure, 1973 (“the
Code”), she was in contact with one Preetam of Delhi. She
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visited Delhi. Preetam kept the victim with one Baldev
Singh, who established physical relations with her.
Thereafter, he got the victim married with one Suresh,
who according to the prosecution is the applicant.
4. Learned counsel for the applicant would
submit that the applicant is not named in the FIR; the
victim has not stated about any role of him in her
statement, recorded under Section 161 of the Code; after
the statement of the victim, recorded under Section 164 of
the Code when further statement was recorded there she
revealed the name of the applicant, which is not
believable.
5. The factual narration is not disputed by the
learned State counsel. In addition to it, it is submitted
that the victim has also named the applicant as an
offender in her statement in the court.
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.
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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.)
31.12.2024
Sanjay
Digitally signed by SANJAY KANOJIA
SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,
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postalCode=263001, st=UTTARAKHAND,
serialNumber=26EEB7122ED0DD23233A255DD8EC450A84B515A087CAEFD1B3179A7DEAE40699,
cn=SANJAY KANOJIA
Date: 2025.01.02 11:41:32 +05'30'