Anees v. Varees

State of Uttarakhand ________________________________________________________ Arising out of Case Crime No.191 of 2009, U/Ss 363/354/504 IPC, P.S. Vikas Nagar, Distt. Dehradun ------- Opposite party Dated: December 22, 2009 Hon(cid:146)ble Dharam Veer, J. Heard Sri K.S. Verma, Advocate for the applicant and Sri Amit Bhatt, learned Addl. GA for the State. Learned counsel for the sapplicant submitted that in the above-said case, the statement of the victim was recorded before the Magistrate u/s 164 Cr.P.C., where she disclosed that she had gone with the applicant-accused Varees as per her own wishes as she is having love affairs with him and she also disclosed her age as 18 years. On the basis of this statement, learned counsel for the applicants argued that no offence is made out against the applicants as the victim Km. Shahna herself intends to live with the applicant-Varees and she does not want to reside with her parents as they were desirous to marry her somewhere else against her wishes. Further, the victim is major and the applicants have committed no crime. He further submitted that the applicant-accused Anees is the brother of applicant-accused Varees and for this reason only, he was sent to jail. After considering all the facts and circumstances, on hearing learned counsel for the parties and perusing the contents of the FIR and other material on record, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicants deserve bail at this stage. Let the applicants-Anees and Varees be released on bail on each of their executing personal bond and also on furnishing two sureties each in the like amount to the satisfaction of C.J.M., Dehradun. The bail application is disposed of accordingly.

22.12.2009 Rajeev Dang (Dharam Veer, J.)