Kush Pandey v. St at e of Ut t arakhand

Counsel for t he Applicant : Ms. Manisha Bhandari, Counsel for t he St at e : Advocat e wit h Ms. I shit a Dhaila, Advocat e. Mr. Prat iroop Pandey, A.G.A assist ed by Mr. Pradeep Lohani, Brief Holder. H o n ’ b l e A l o k Ku m a r Ve r m a ,J. The present Applicat ion under Sect ion 482 of t he Bharat iya Nagarik Suraksha Sanhit a, 2023 has filed by t he applicant - Kush Pandey seeking ant icipat ory bail under Sect ions 62, 64( 1) and Sect ion 75 ( 2) of t he Bharat iya Nyaya Sanhit a, 2023 in Case Crim e No.318 of 2024, regist ered at Police St at ion Doiwala, Dist rict Dehradun. 2 . As per t he First I nform at ion Report dat ed

26.10.2024, t he inform ant was digit ally raped by t he applicant in a hot el. 1 3 . Heard Ms. Manisha Bhandari, learned counsel for applicant and Mr. Prat iroop Pandey, learned A.G.A. for St at e. 4 . Ms. Manisha Bhandari, Advocat e cont ended t hat t he inform ant / alleged vict im is a m aj or, aged about 24 years. The m ere act of t he inform ant and applicant being present in t he sam e room alone is proof t hat it was consensual on t he part of bot h. 5 . On 19.02.2025, Mr. G.S. Sandhu, learned Addl. Advocat e General sought t hree days’ t im e t o inform t he inform ant / vict im and t o get inst ruct ions wit h regard t o t he t elephonic call and version of t he fiancé of t he inform ant . 6 . Today, Mr. Prat iroop Pande, learned A.G.A., inst ruct ions t he I nvest igat ing Officer, subm it t ed t hat t he inform ant / vict im is not cooperat ing wit h t he invest igat ion. She is not ready t o record her st at em ent under Sect ion 183( 1) of t he Bharat iya Nagarik Suraksha Sanhit a, 2023. She has given an applicat ion t o t he I nvest igat ing Officer t hat she is unable t o record her st at em ent and t o appear for her m edical exam inat ion. 7 . Ms. Manisha Bhandari, Advocat e, furt her subm it t ed t hat t he applicant does not have any crim inal 2 ant ecedent s. He is a perm anent resident of Delhi, t herefore, t here is no chance of his absconding, and, he was grant ed int erim bail by t his Court on 25.02.2025, and, he has not m isused t he condit ions of t he int erim bail. 8 . Personal libert y under Art icle 21 of t he Const it ut ion of I ndia is very precious fundam ent al right it should be curt ailed only when it becom es im perat ive according t o t he peculiar fact s and circum st ances of t he case. 9 . Having heard t he subm issions of learned counsel for t he part ies and keeping in view of t he fact s and circum st ances of t he case, wit hout com m ent ing on t he m erit s of t he case, t he present Applicat ion, filed for ant icipat ory bail, is allowed and order dat ed

25.02.2025, grant ing int erim bail t o t he applicant , is m ade absolut e. I t is direct ed t hat in t he event of arrest of t he applicant , nam ely, Kush Pandey, he shall be released on ant icipat ory bail on execut ing a personal bond of Rs. 30,000/ - and t wo reliable suret ies, each of t he like am ount , t o t he sat isfact ion of t he Arrest ing Officer, subj ect t o t he following condit ions: - ( i) Applicant cooperat e wit h t he I nvest igat ing Agency shall m ake 3 him self available int errogat ion by a police officer as and when required; ( ii) I f t he charge- sheet is filed, t he applicant shall at t end t he t rial court regularly and he shall not seek any unnecessary adj ournm ent ; ( iii) Applicant shall not direct ly or indirect ly m ake any inducem ent , t hreat or prom ise t o any person, acquaint ed wit h t he fact s of t his case; ( iv) Applicant shall not leave t he count ry wit hout t he previous perm ission of t he t rial court . 1 0 . I t is m ade clear t hat if t he applicant m isuses or violat es any of t he condit ions, im posed upon him , t he prosecut ion agency will be free t o m ove t he Court for cancellat ion of t he ant icipat ory bail. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK K UM A R VERM A , J. Dt : 24.03.2025 Neha 4