Mithun Mandal vs State Of Uttarakhand

Alok Kumar Verma, J

The applicant – Mithun Mandal is in judicial custody for the offence punishable under Section 376 of the Indian Penal Code, 1860 and Section 67 of the Information Technology Act, 2000 in Case Crime No.246 of 2025, registered at Police Station Transit Camp, District Udham Singh Nagar.

According to the First Information Report dated 17.08.2025, the applicant had gone to the informant’s house in the month of December, 2021. He gave her a cold drink. She fainted after having the cold drink. Thereafter, he committed rape on her. He made objectionable video of her.

Heard Mr. Mani Kumar, learned counsel for the applicant and Mr. Pratiroop Pandey, learned Assistant Government Advocate for the respondent.

Mr. Mani Kumar, Advocate, contended that the allegations of the informant, aged about 25 years, are false. Applicant was not involved in the said offence. He had not made any said video. Applicant has no criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding. Charge-sheet has been filed, therefore there is no chance of tampering with the evidence, and, applicant is in custody since 18.08.2025.

Mr. Pratiroop Pandey, Assistant Government Advocate has opposed the bail application orally. However, he submitted on instructions that a video was found during the investigation, but no one’s face is visible in that video.

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, 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 – Mithun Mandal 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.