Chandar Kishore vs State Of Uttarakhand

Alok Kumar Verma, J

Applicant is in judicial custody for the offence punishable under Sections 65(1), 87, 137(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 5 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 in Case Crime No.51 of 2025, registered at Police Station Transit Camp, District Udham Singh Nagar.

Heard Ms. Rajni Rangwal, learned counsel for the applicant and Mrs. Rangoli Purohit, learned Brief Holder for the respondent.

Ms. Rajni Rangwal, Advocate, has contended that the applicant has been falsely implicated in the present matter. The alleged victim (PW1), aged about 16 years, has not supported the case of the prosecution. Applicant has no criminal antecedents. He is a permanent resident of District Rampur, Uttar Pradesh, therefore, there is no possibility of his absconding, and, he is in custody since 04.05.2025.

Mrs. Rangoli Purohit, Brief Holder, has opposed the bail application. However, she submitted that the victim (PW1) has not supported the case of the applicant.

The victim (PW1) has stated in her examination-in-chief that she does not know Chandar Kishore (applicant).

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 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, 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-Chandar Kishore 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.