IMPORTANT POINT
The court established that the determination of bail should consider the context of the relationship and the actions of the victim, while ensuring that the decision does not prejudice the trial.

JUDGMENT :

Ravindra Maithani, J.

Delay in filing counter affidavit is condoned. Counter affidavit is taken on record. Delay Condonation Application IA No.1 of 2024 stands disposed of, accordingly.

2. Applicant Shahbaz is in judicial custody in Case Crime No.434 of 2023, under Sections 376, 323, and 406 IPC, Police Station- Patel Nagar, District Dehradun. He has sought his release on bail.

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

4. According to the FIR, the victim was working in a mall where a person introduced himself as Aman Rana and came close to the victim, giving her assurance of job. That person took the victim in a hotel and established physical relations with her, took her jewellery also. Subsequently, she came to know that it was the applicant.

5. Learned counsel for the applicant would submit that the relationship was consensual; the victim knew the real identity of the applicant from day one; they were together. Reference has been made to the statement of the victim recorded during trial when she has stated that last time she chatted with the applicant on 13.08.2023. It is argued that during investigation under Section 164 of the Code of Criminal Procedure, 1973, the victim has stated that she came to know about the real identify of the applicant on 03.08.2023. It is argued that if the victim had already come to know the real identify of the applicant on 03.08.2023, what was the need for her to continue chatting with the applicant till 13.08.2023.

6. In addition to it, it is also argued that the in the entry register, the applicant has given his name and the victim, in her statement, has admitted that the applicant did make some entry in the hotel record.

7. Learned State Counsel would submit that the victim has supported the prosecution case at trial.

8. It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial, or in any other proceeding.

9. The victim did not ever raise any alarm, though, according to her, she was taken at different places, where the applicant established physical relations with her. She had given her jewellery to the applicant, as stated by her. Why did she give her jewellery to the applicant? This and many more questions would find deliberation during trial.

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.