ABHINAV PRATAP SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This is an application under Sec. 439 of the Code of Criminal Procedure seeking bail in respect of FIR No. 360 of 2022, for the offence cognizable under Ss. 376 and 506 IPC and Sec. 3(2)(V)(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, PS. I.T.I, District Udham Singh Nagar.

(2.) As per the contents of the FIR, the victim raised the allegations that she is in relationship with the applicant for the last three years. The applicant made physical relationship with her and also assured her of marriage. It is further alleged in the FIR that, subsequently, the applicant neglected the victim and abused her with caste-coloured remarks. Thereafter, the complaint was made to the police and a compromise also took place between the parties with the intervention of police. The applicant and his family members agreed for the marriage of the victim with the applicant after the marriage of the applicant's brother.

(3.) Learned counsel for the applicant submits that even as per the version of the FIR, the relationship, which has been developed between the applicant and the victim, was consensual.