Harish Giri vs State of Uttarakhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(UK) 527

RAVINDRA MAITHANI
Harish Giri – Appellant
Versus
State of Uttarakhand – Respondent

Advocates:
Advocate Appeared:
For the Applicant :Mr. Vinay Kumar, Advocate
For the Respondent: Mr. Pramod Tiwari, Brief Holder

JUDGMENT :

Ravindra Maithani, J.

Applicant Harish Giri is in judicial custody, in Case Crime No. 176 of 2022, under Section 170, 342, 354, 367, 384, 411, 505 IPC, Police Station Basant Vihar, District Dehradun He has sought his release on bail.

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

3. According to the FIR, the applicant barged in to a spa, locked some employees, took the victim alongwith him, demanded money or asked her to establish physical relations with the applicant, to which the victim denied. The applicant took Rs.8,500/- from the victim. Next date, the victim revealed the incident to the owner of the spa. On the CCTV footage, the applicant could be identified. The FIR lodged.

4. Learned counsel for the applicant would submit that it is a false story. He would submit that outside the spa, there is a security guard, the victim did not raise any alarm. According to her, she simply followed the applicant, which is not reliable. Had the applicant taken the victim forcibly, the victim would not have joined him on a scooty, she would have raised the alarm, which she did not.

5. Learned State counsel would submit that the victim has supported the prosecution cas

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