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Judgment
Vivek Bharti Sharma, J
Applicant Anmol Agarwal, who is in judicial custody in FIR No. 0176 of 2022 under Section 323, 376, 452 & 506 of I.P.C., Police Station Khatima, District Udham Singh Nagar, has sought his release on bail.
Heard learned counsel for the parties and perused the material available on file.
Learned counsel for the applicant/accused would submit that the applicant/accused was granted interim bail on 22.09.2022 by the Coordinate Bench and the applicant/accused did not misuse the liberty of the interim bail; that, the applicant/accused and victim had befriended each other. She would further submit that there are some allegations against the applicant/accused that the applicant/accused performed some ceremonies like putting Sindoor in the hairline of the victim and married her in his own understanding; that, there was some discord between the parties; thereafter F.I.R. was lodged.
She would further submit that the charge sheet has been filed, therefore, there is no chance for tampering the evidence and the trial is likely to take considerable time, therefore, no purpose would be served keeping the applicant/accused in jail again.
Per contra, Mr. M. A. Khan, A.G.A. for the State vehemently opposed the bail application, however, would admit that charge sheet has been filed and the trial is yet to commence; that, the applicant/accused has not misused the interim bail granted to him.
In the circumspection of facts as stated above, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a case fit for bail.
The bail application is, accordingly, allowed. Let the applicant be released on furnishing bail bond with two sureties in the amount of ₹ 40,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.