Ravindra Maithani, J
1. Applicant is in judicial custody in FIR No.1 of 2021, under Section 354D, 376, 506, 509 IPC and Section 67 of the Information Technology Act,
2000 (“the IT Actâ€, Police Station Revenue Chwoki, Chando, Kalsi, District Dehradun. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, the applicant visited the house of the informant and their families settled for marriage. Both the informant and the applicant
started talking over telephone. Once, according to the FIR, the applicant visited the village of the informant to attend the marriage ceremony and there
he established physical relationship and made a video clip also. Initially, the applicant introduced himself as an Army personnel, but it was revealed that
he was not in Army. Therefore, the informant and her family members declined for the marriage. The applicant insisted for continuation of the
relationship, to which the informant was not agreeable. Therefore, the FIR records that the applicant made the video clippings viral.
4. Learned counsel for the applicant would submit that allegation of physical relation has been made for the period when they both were engaged and
their marriage has been fixed. For the offences under Sections 354-C, 354-D and Section 67 of the IT Act, it is argued that maximum punishment is
three years and the applicant had already undergone more than three years in custody. He is in custody since 11.07.2021.
6. These factual aspects are agreed to learned State counsel.
7. Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
8. The bail application is allowed.
9. 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.
