Anand Pal vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the First Information Report No.12 of 2023, registered at police station Gadarpur, District Udham Singh Nagar under Section 376 read with Section 511 of the Indian Penal Code, 1860.

An FIR was registered at 21.49 hrs on 15.01.2023. As per the FIR, informant is posted as Constable in 15th Battalion NDRF. He is residing along with his wife in the present applicant’s house as a tenant. On 15.01.2023, he reached his house and saw that his wife was not in the room and her crying was coming from the room of the landlord. It has been alleged in the First Information Report that the informant saw that the present applicant was trying to commit rape with her wife.

Heard Ms. Soniya Chawla, learned counsel for applicant and Mr. Pankaj Joshi, learned Brief Holder for State.

Ms. Soniya Chawla, Advocate, contended that informant was the tenant of the applicant. He requested the informant to get the police verification done. Informant refused his request and stopped paying the rent. Applicant asked the informant to vacate his house. On 15.01.2023, when the applicant was alone in his house, informant entered into his house and assaulted him, in which, applicant received serious injuries. He was taken to the hospital by his wife. He was admitted in the hospital. Report of his wife was not registered by the concerned police station, then, she moved an application to Senior Superintendent of Police, Udham Singh Nagar and Inspector General Kumaun, but, no action was taken on her applications. Therefore, she moved an application under Section 156 (3) of the Code of Criminal Procedure, 1973.

Ms. Soniya Chawla, Advocate, further submitted that the applicant is in custody since 17.01.2023. He has no criminal history, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Mr. Pankaj Joshi, Brief Holder, has opposed the bail application. He has submitted that prosecution’s witnesses have supported the case of the First Information Report under Section 161 of the Code of Criminal Procedure, 1973. However, he conceded that the applicant has no criminal history.

Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused person in detention during the trial is not punishment. The main purpose is manifestly to secure the attendance of the accused.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant- Anand Pal be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned with the following conditions :-

i) Applicant shall attend the trial court regularly and he will not seek any unnecessary adjournment;

ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, Prosecution will be free to move the court for cancellation of bail.