Anis vs State Of Uttarakhand

Alok Kumar Verma, J

The Applicant- Anis is in judicial custody for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.386 of 2025, registered at Police Station Ramnagar, District Nainital.

The First Bail Application (No.2361 of 2025) was dismissed as withdrawn on 15.12.2025 granting liberty to the applicant to file afresh.

Heard Mr. D.S. Mehta, learned counsel for the applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent.

Mr. D.S. Mehta, Advocate appearing for the applicant, contended that there were consensual relationship between the informant, aged about 21 years, and the applicant. He never promised to the informant to marry her because they belong to different faith. Applicant has no criminal antecedents. He is a permanent resident of District Nainital, therefore, there is no possibility of his absconding, and, he is in judicial custody since 29.10.2025.

Mr. Tumul Nainwal, learned Assistant Government Advocate, has opposed the bail application orally.

Every consensual relationship cannot be given a colour of false pretext to marry. A breach of a promise to marry only constitutes an offence if the accused had no intention of marrying from the beginning. The controversy can be determined only at trial.

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 investigation 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, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merits 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- Anis 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.