Durgesh vs State Of Uttarakhand

Alok Kumar Verma, J

Present 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.344 of 2023, registered at police station Laksar, District Haridwar.

Prosecutrix lodged an FIR on 19.04.2023 that she has a love relation with the present applicant for last five years. He (applicant) raped her repeatedly on the pretext of marriage. After completion of the investigation, charge-sheet has been filed. Applicant is in judicial custody under Section 376 (2) (n) of the Indian Penal Code, 1860.

Mr. Vijay Kumar Chauhan, Advocate, contended that the applicant has been implicated in the present matter. He had never established any physical relation with the prosecutrix, a major lady. The fact of the consent can be proved only in the trial whether the consent given by the victim will be considered as valid consent or not. Applicant has no criminal history. Applicant is a permanent resident of District Bijnor, therefore, there is no likelihood of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and the applicant is in custody since 20.05.2023.

On the other hand, Mrs. Manisha Rana Singh, A.G.A., opposed the Bail Application orally. However, she has fairly 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- Durgesh 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.