Faizal Sheikh vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Faizal Sheikh is in judicial custody in FIR No.0167 of 2023, under Sections 3 & 5 of the Uttarakhand Freedom of Religion Act, 2018 and Sections 383 and 506 of IPC, P.S. Vikasnagar, District Dehradun. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, the victim came in contact with the applicant, who introduced himself belonging to a religion to which he actually did not belong. Subsequently, the applicant pressurised the victim to convert to his religion and marry her.

The learned counsel for the applicant would submit that there is no evidence against the applicant except the statement of the victim recorded under Section 161 of the Code of Criminal Procedure, 1973 (for short “the Code”) even the statement under Section 164 of the Code has not been recorded .

Learned State Counsel would submit that the victim, in her statement given under Section 161 of the Code, has supported the prosecution case. She would submit that the victim has not been examined under Section 164 of the Code and there is no electronic evidence as well. She would submit that the charge-sheet has already been submitted in this case.

Having considered, this Court is of the view that the applicant deserves to be enlarged on bail.

The bail application is allowed.

Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.