Allowed

Lavpreet Singh Alias Lavi v. State of Uttarakhand

Uttarakhand HC7 Jun 2021BA2/45/2021

Case brief

AI extract

What is this about?

The High Court allowed the second bail application of an accused charged with offences under Sections 376(D), 354, and 506 IPC. The court was influenced by the prosecutrix's statement recorded under Section 164 Cr.P.C. indicating the relationship was consensual contingent on a change of circumstances. Bail was granted with an executed personal bond and two sureties pending the filing of the State'

What did the court decide?

The applicant was directed to be released on bail subject to executing a personal bond and furnishing two reliable sureties.

SL. No	Date	Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures	COURT’S OR JUDGES’S ORDERS
	07.06.2021		BA2 No. 45 of 2021 Hon’ble Sharad Kumar Sharma, J. (Via Video Conferencing) Mr. Vikas Anand, Advocate, for the applicant. Mr. V.K. Gemini, Deputy Advocate General, for the State. This is the Second Bail Application, which has been preferred by the applicant, who is shown to be an accused for the commission of offence under Sections 376(D), 354 and 506 of the IPC, registered against him at P.S. Khatima, District Udham Singh Nagar, by way of an FIR No. 155 of 2020. The first bail application, which was preferred before me, was rejected on 25.01.2021. The Second Bail Application was preferred by the applicant on 16.04.2021, and the learned Government Advocate was granted time to file his objection to the Second Bail Application by an order dated 12.05.2021, but the same has not yet been filed. The learned counsel for the applicant submits that under the change circumstances, where the prosecutrix has recorded her statement under Section 164 Cr.PC, she has turned hostile and she has recorded her statement to the effect that she has voluntarily gone along with the applicant and she was in an affair with the present applicant, and it was a consensual relationship, which was established between them. In view of the aforesaid change facts and the statement of the prosecutrix dated 05.04.2021, the applicant-Lavpreet Singh @ Lavi is directed to be released on bail, subject to executing of his personal bond and furnishing two reliable sureties,each in the like amount,to

SL.
No

Date

Office Notes, reports,
orders or proceedings
or directions and
Registrar’s order with
Signatures

COURT’S OR JUDGES’S ORDERS

07.06.2021

BA2 No. 45 of 2021
Hon’ble Sharad Kumar Sharma, J.
(Via Video Conferencing)
Mr. Vikas Anand, Advocate, for the
applicant.
Mr. V.K. Gemini, Deputy Advocate
General, for the State.
This is the Second Bail Application,
which has been preferred by the applicant, who
is shown to be an accused for the commission of
offence under Sections 376(D), 354 and 506 of
the IPC, registered against him at P.S. Khatima,
District Udham Singh Nagar, by way of an FIR
No. 155 of 2020. The first bail application,
which was preferred before me, was rejected on
25.01.2021.
The Second Bail Application was
preferred by the applicant on 16.04.2021, and
the learned Government Advocate was granted
time to file his objection to the Second Bail
Application by an order dated 12.05.2021, but
the same has not yet been filed.
The learned counsel for the applicant
submits that under the change circumstances,
where the prosecutrix has recorded her
statement under Section 164 Cr.PC, she has
turned hostile and she has recorded her
statement to the effect that she has voluntarily
gone along with the applicant and she was in an
affair with the present applicant, and it was a
consensual relationship, which was established
between them.
In view of the aforesaid change facts
and the statement of the prosecutrix dated
05.04.2021, the applicant-Lavpreet Singh @
Lavi is directed to be released on bail, subject to
executing of his personal bond and furnishing
two reliable sureties,each in the like amount,to

the satisfaction of the magistrate concerned. However, it is made clear that whatsoever observation, which has been made by this Court while granting bail to the present applicant, is only tentative in nature, exclusively for the purposes of considering the bail application. It will not prejudice the trial, which has to be decided independently. The bail application is allowed accordingly.
(Sharad Kumar Sharma, J.) 07.06.2021 Mahinder/

the satisfaction of the magistrate concerned.
However, it is made clear that
whatsoever observation, which has been made
by this Court while granting bail to the present
applicant, is only tentative in nature, exclusively
for the purposes of considering the bail
application. It will not prejudice the trial, which
has to be decided independently.
The
bail
application
is
allowed
accordingly.

(Sharad Kumar Sharma, J.)
07.06.2021
Mahinder/

Lavpreet Singh Alias Lavi v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Lavpreet Singh Alias Lavi v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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