SL.

No

Date

Office Notes,

reports, orders or

proceedings or

directions and

Registrar’s order

with Signatures

COURT’S OR JUDGES’S ORDERS

BAI No. 3064 of 2021

Hon ’ble N.S. Dh an ik , J .

Mr. Shobhit Saharia, learned counsel

for the applicant.

Mr.

V.K.

Jemini,

learned

Deputy

Advocate General for the State.

Heard learned counsel for the parties.

This is first bail application moved on

behalf of the applicant seeking regular bail

in connection with Case Crime No. 423 of

2021 for the offence punishable under

Section 376, 384 and 504 IPC registered at

P.S. Gangnehar, District Haridwar.

It is argued by learned counsel for the

applicant that the applicant has falsely been

implicated;

that

the

applicant

has

no

criminal history; and he is languishing in jail

since 29.06.2021. He further argued that, in

the FIR, it has been alleged that the

applicant and the private respondent met

for the very time on 12.02.2020 at Institute

in Delhi and both went to a public park

where

both

of

them

had

meals

and

thereafter, allegedly private respondent lost

consciousness and after an hour, when she

woke up she was in the same public park

with the applicant sitting beside her and

that on 19.02.2020 i.e. after just three

days,

the

applicant

showed

her

few

photographs in compromising position and

then she could gather that something had

happened with her, still thereafter, on

20.02.2020, allegedly, she went with the

applicant in some nearby hotel where they

had physical relation and thereafter within a

month she went with the applicant allegedly

three time to hotel without any hue and cry;

that meaning thereby the first alleged

relationship was occurred in open public

park, which is an unbelievable story and

thereafter

without

any

protest

or

any

complaint, private respondent went with the

applicant

to

different

hotels;

that

unbelievably from March, 2020 onwards till

lodging of FIR in June, 2021 i.e. more than

1 year 3 months, the private respondent did

not made any complaint to her family or

friend or to any authority; that the only

material

gathered

by

the

prosecution

against the applicant are certain watsapp

chat, which have been held to be of no

evidentiary value; and that even from a

bare perusal of alleged inadmissible chat

would reveal that the case in fact is of affair

and

there

is

no

single

allegation

of

demanding any sexual favours whatsoever.

Learned

State

Counsel

although

opposed the bail application on the ground

that the prosecutrix has fully supported

the prosecution story, under Section 161

and 164 CrPC but admitted the fact that

the applicant has no criminal history.

Considering

the

facts

and

circumstances

of

the

case,

without

expressing any opinion as to the final merits

of the case, this Court is of the view that

the applicant deserves bail at this stage.

The bail application is allowed.

Let the applicant be released on bail,

on executing a personal bond and furnishing

two reliable sureties, each of like amount, to

the satisfaction of Court concerned.

All pending applications stand disposed

of, if any.

( N.S. Dhan ik , J.)

19.05.2022

SB