Ram Bahadur vs State Of Uttarakhand

Ravindra Maithani, J

The applicant- Ram Bahadur is in judicial custody in Case Crime No. 0282 of 2020, under Sections 354/506 IPC and Sections 7/8 of The Protection of Children from Sexual Offences Act, 2012, P.S. Vikas Nagar, District Dehradun.

Heard learned counsel for the parties through Video Conferencing and perused the material on record.

According the FIR, the informant had a daughter from her marriage. That daughter is victim. Informant had again married to the applicant and she has two daughters from the applicant. The applicant would molest and outraged the modesty of the victim, the daughter from first marriage of the informant. A report of the incident was given on 26.02.2018 at the Police Station Vikas Nagar.

Learned counsel for the applicant would submit that the victim in her statement under Section 164 of the Code of Criminal Procedure, 1973, has not supported the version of the FIR.

Learned State counsel admits it. In fact, certified copy of the statement is annexure-2 to the bail application, which reveals that the victim did not support the case in the FIR. It makes out the case of bail. But, there is another aspect of this matter. The informant herself has filed and affidavit in support of the bail application and in para 6 of it, she writes that she is illiterate and she did not give written report to the Police. Perhaps, this is false, because the FIR says that a written report was given to the Police. Therefore, this is court is of the view that the Police should take action as permissible under law against the informant of this case. For that purpose, a copy of the bail application as well as the affidavit filed by the informant before this Court should be forwarded to the investigating officer of this case.

Bail application is allowed. Let the applicant, namely, Ram Bahadur, 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.

The investigating officer of the case shall consider to proceed in accordance with law against the informant for giving false information/affidavit.

Let a copy of this order be forwarded to the Court and the Jail concerned.