Ashok Kumar vs State Of Uttarakhand

Alok Kumar Verma,J

The 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 Case Crime No.13 of 2022, registered with Police Station Tallital, District Nainital for the offence under Sections 363, 366, 376(3) of the Indian Penal Code, 1860 and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012.

Heard Mr. Rohit Kumar Gaur, learned counsel for the applicant and Mr. Pankaj Joshi, learned Brief Holder for the State.

Mr. Rohit Kumar Gaur, learned counsel for the applicant, submitted that the prosecutirx (PW1) (Annexure No.2) did not support the prosecution case; the applicant has no criminal history; he is a permanent resident of District Almora and he is in custody for more than seven months.

Mr. Pankaj Joshi, learned Brief Holder for the State, opposed the bail application. However, he fairly conceded that the prosecutrix has not supported the prosecution case and 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-Ashok Kumar 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.