Allowed

Jeewan Ram v. State of Uttarakhand

Uttarakhand HC2 May 2024ABA/212/2024

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the applicant in an FIR alleging rape and blackmail under Sections 376 and 506 IPC. The court considered the State's concession that no video or photographs were produced due to the victim's non-cooperation and allowed bail with standard conditions. Although the applicant raised a defence under Section 138 NI Act, the court focused on the bail eligibilit

What did the court decide?

Anticipatory bail granted subject to furnishing personal bond with two sureties, cooperating with investigation, not approaching witnesses, not leaving the country without permission, and depositing p

Jeewan Ram Vs State of Uttarakhand — Anticipatory Bail | Uttarakhand HC (2024)

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HIGH COURT OF UTTARAKHAND AT NAINITAL

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Anticipatory Bail Application No. 212 of 2024

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Jeewan Ram ...Applicant

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Versus

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State of Uttarakhand ...Respondent

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Present:-

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Mr. D.C.S. Rawat, Advocate for the applicant. Mr. Akshay Latwal, Brief Holder for the State.

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Hon’ble Ravindra Maithani, J. (Oral)

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Applicant seeks anticipatory bail in FIR No. 88 of 2024, under Sections 376 and 506 IPC,P.S. Kashipur, District Udham Singh Nagar.

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Heard learned counsel for the parties and perused the record.

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According to the FIR, in the year 2019, the husband of the victim had gone to Gujarat for job. The victim was staying in her house. During this period, the applicant came close to her and offered assistance to the victim. On 22.04.2020, the applicant offered some medicine to the victim. When the victim consumed that medicine, she was intoxicated. The FIR records that at that moment, the applicant raped her, took her photographs and thereafter blackmailed her and established physical relations with the victim on multiple occasions.

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Learned counsel for the applicant would submit that the applicant had filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the victim and her husband; notice had already been served; thereafter, a false FIR has been lodged; there is no video or photograph.

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On the date, when the anticipatory bail application was taken up by this Court on 15.03.2024, the Court had required the learned State Counsel to tell about the video or the photograph. Learned State Counsel, under instruction, had told that the victim was not cooperating in the investigation; she did not provide any photograph or video to the Investigating Officer.

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Having considered, this Court is of the view that this is a case, in which the applicant should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed.

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The anticipatory bail application is allowed.

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In the eventuality of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond with two sureties, each in the like amount to the satisfaction of the Arresting Officer (“AO”), subject to the following conditions:-

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(i) The applicant shall not approach any witness, in any manner, whatsoever.

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(ii) He shall cooperate with the investigation.

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(iii) He shall not leave the country without prior permission of the court concerned.

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(iv) The applicant shall deposit his passport with the AO. The passport may only be returned by the order of the court concerned. In case he does not have passport, he shall give an undertaking to that effect to the AO.

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(v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.

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(Ravindra Maithani, J.) 02.05.2024

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Avneet/

Jeewan Ram v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Jeewan Ram v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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