BA1/1941/2021
2021 Latest Caselaw 3415 UK

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                                  BA1 No. 1941 of 2021

                                  Hon'ble N.S.Dhanik, J.

Mr. S.R.S.Gill, learned counsel for the applicant.

Mr. V.K.Jemini, learned Deputy A.G. for the State.

Learned State counsel made a statement at bar that the complaint has been informed about the pendency of the present bail application, however, none appears on her behalf.

The applicant Akash Saxena, who is in Jail in connection with FIR No. 202 of 2021, under Sections 376 IPC and Sections 3 (I)(V) of the SC/ST Act, Police Station Kichha, District Udham Singh Nagar, has sought his release on bail.

Heard learned counsel for the parties and considered the grounds taken up in the bail application.

Learned counsel for the applicant submits that applicant has falsely been implicated in the instant crime; the prosecutrix was aged about 25 years at the time of lodging of the FIR, thus there is no chance of inducing her by the applicant; both of them were in friendly relations since 2018, but during the course of time, some bitterness arrived in the relationship due to which the applicant was not interested to continue the relationship and this was the reason for lodging the false FIR against the applicant; it is the settled principle of law that no one can force anybody for marriage and it cannot be said that someone was induced to have physical relations on the pretext of marriage, that too, when both the parties are major, thus in this circumstance, no case under section 376 IPC is said to be made out against the applicant; the applicant being innocent, is languishing in jail since 23.06.2021 having no criminal history. Learned counsel cited ruling of Hon'ble Apex Court in Criminal Appeal No. 635 of 2020. In the said judgment Hon'ble Apex Court, in para 20 has held that "we have no hesitation in concluding that the consent of the prosecutrix was but a conscious and deliberated choice, as distinct from an involuntary action or denial and which opportunity was available to her, because of her deep-seated love for the appellant leading her to willingly permit him liberties with her body, which according to normal human behaviour are permitted only to a person with whom one is deeply in love". Learned counsel for the applicant also placed reliance upon one case of this Hon'ble Court in BA1 No. 1693 of 2021.

Per Contra, learned State Counsel opposed the bail application.

Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that 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.

(N.S.Dhanik, J.) 02.09.2021

Kaushal