Judicial Analysis Court Copy Headnote Facts Arguments Court observation

UTTARAKHAND HIGH COURT
Ravindra Maithani, J.
Surjeet Kumar – Applicant
versus
State of Uttarakhand – Respondent
Short Term Bail Application No.49 of 2022
Decided on 9.11.2022

Advocates:
Counsel for the Parties:
For the Applicant:Mr. Bhuwan Bhatt, Advocate
For the State: Mr. Lalit Miglani, A.G.A. with Ms. Sonika Khulbe, Brief Holder

IMPORTANT POINT
Short term bail can be granted in a given case.

Headnote:
Criminal Procedure Code, 1973 – Section 439 – Bail application – Applicant seeks short term bail on the ground that he and victim are getting married – In a rape case simpliciter, Court may not encourage marriage between parties – But, it is not a case simpliciter of rape – According to FIR, itself, first parties had engaged – Their marriage was fixed – Thereafter, applicant established physical relations and, subsequently, declined to marry victim – Now it is being stated that applicant and victim both are getting married – It is a case in which applicant should be granted short term bail for a period of 2 weeks – Short term bail application allowed. (Paras 3 to 6)
Result: Short term bail application allowed.

JUDGMENT (ORAL)

Ravindra Maithani, J.—Applicant Surjeet Kumar is in judicial custody in FIR No.0219 of 2022, under Section 376 IPC, Police Station Premnagar, District Dehradun. He seeks short term bail on the ground that he and the victim are getting married.

2. Heard learned counsel for the parties and perused the record.

3. According to the FIR, the applicant and the victim befriended each other. Their marriage was fixed. Thereafter, the applicant established physical relations with the victim, but subsequently, he declined.

4. In a rape case simpliciter, the Court may not encourage marriage between the parties. But, it is not a case simpliciter of rape. According to the FIR, itself, first parties had engaged. Their marriage was fixed. Thereafter, the applicant established physical relations and, subsequently, declined to marry the victim. And now it is being stated that the applicant and the victim both are getting married.

5. Having considered the facts and circumstances of this case, this Court is of the view that it is a case in which the applicant should be granted short term bail for a period of 2 weeks.

6. Short term bail application is allowed.

7. Let the applicant be released on short term bail for a period of 2 weeks, on his executing a personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the court concerned. It is further directed that, on expiry of the duration of short term bail, the applicant shall surrender before the court concerned.

8. Let a certified copy of this order be supplied to the learned counsel for the parties, today itself, on payment of usual charges.

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