NAVEEN NAUTIYAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Despite service of notice, neither there is any representation on behalf of the informant nor any objection to the bail application has been filed, though time for that purpose, as sought for, was granted by this Court vide order dtd. 19/3/2024 to Mr. Arun Pratap Shah, learned counsel who appeared for informant on said date.

(2.) This is an appeal filed under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [to be referred to 'SC/ST Act' for brevity] challenging the order dtd. 14/9/2023 passed by learned Special Sessions Judge, Uttarkashi in Second Bail Application No.112 of 2023 (Naveen Nautiyal v. State) passed in respect of Special S.T. No.94 of 2022 arising out of Crime/FIR No.01 of 2022 registered with Revenue Outpost-Junga, District Uttarkashi, whereby the second bail application moved by appellant was rejected.

(3.) Appellant is under incarceration in connection with aforesaid crime. It is contended by learned Counsel appearing for appellant that a named FIR was lodged against him by mother of informant-victim alleging commission of sexual assault against her minor daughter. In the first information report, it is stated that on 4/9/2022, the victim, aged about 16 years, went to the nearby forest for grazing sheep, where the appellant, a resident of Village Kumarkot, came drunk and started misbehaving with informant's daughter. It is further alleged that her daughter was alone and none was there around, and taking advantage of situation, appellant held both hands of victim and misbehaved with her. It is further alleged that the victim was thrown on the ground by appellant, but somehow, she managed to escape from his clutches and ran away from the spot. In the said incident, victim sustained injuries on her right hand besides below her waist. In the first information report, it is also alleged that appellant called her with caste indicative words and threatened to ruin her family.