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2023 Supreme(UK) 37
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Krishan Kumar @ Babbu - Appellant
Versus
State of Uttarakhand - Respondent
First Bail Application No. 150 of 2023
Decided On : 16-01-2023
Important Points
Subject
Criminal Law - Bail and Interim Relief
Act Referred
INDIAN PENAL CODE : S.313, S.323, S.376(2)(n), S.377, S.384, S.504, S.506, S.509, S.34
Headnote
Bail - Release on Interim Bail - Dowry Prohibition Act, 1961 - Physical Relation under Pretext of Marriage
Fact of the Case:
The applicant is in judicial custody in a case involving multiple sections of the Indian Penal Code and the Dowry Prohibition Act. The victim alleged that the applicant established a physical relationship with her under the pretext of marriage but later declined to marry.
Finding of the Court:
The Court granted the applicant interim bail until the next date of listing, subject to the furnishing of a personal bond of Rs.10,000.
Issues: The main issue was the applicant's eligibility for bail in the case involving serious charges.
Ratio Decidendi: The Court considered the circumstances and decided to grant interim bail based on the upcoming date of listing and the requirement of a personal bond.
Final Decision: The Court granted the applicant interim bail upon furnishing a personal bond of Rs.10,000 until the next date of listing.
F.K. Jha, Advocate, V.S. Rathore, Advocate
JUDGMENT
Ravindra Maithani, J. - Applicant Krishan Kumar @ Babbu is in judicial custody in FIR/Case Crime No. 54 of 2022, under Section 313, 323, 376 (2) (n), 377, 384, 504, 506, 509, 34 IPC and Section 4 of the Dowry Prohibition Act, 1961, Police Station Bhowali, District Nainital. He has sought her release on bail.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, the victim posted her marriage proposal on a website. The applicant approached her. They both started meeting. The FIR records that under the pretext of marriage, the applicant established physical relation with the victim for the first time during their visit to Uttarakhand on 23.09.2021. He continued it thereafter on multiple occasions. But subsequently, he declined to marry.
4. State to file objections.
5. List this matter on 15.04.2023.
6. Having considered, this Court is of the view that till the next date of listing, the applicant be released on interim bail, subject to his furnishing a personal bond of Rs.10,000/-only.
