Paramjeet Singh vs State Of Uttarakhand

Alok Kumar Verma,J

This bail application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with F.I.R.

No. 249 of 2020, registered with Police Station-Gadarpur, District Udham Singh Nagar for the offence punishable under Sections 366 & 376 of I.P.C.

An F.I.R. was lodged by the mother of the victim. According to the F.I.R., the present applicant along with co-accused kidnapped her minor

daughter, aged about 17 years, and raped her. After the incident, the applicant along with his associate left the victim at Gularbhoj Railway Station.

During the investigation, it was found that at the time of the incident, the victim was major.

Heard Mr. Prem Kaushal, the learned counsel for the applicant and Mr. Ranjan Ghildiyal, learned A.G.A. for the State through video conferencing.

The learned counsel for the applicant submitted that the applicant has been implicated in the matter; the alleged victim was neither kidnapped nor

raped by the applicant; they were friend; they were telephonically connected; the alleged victim went to visit Gularbhoj Dam with the applicant; she

went to the house of Bua of the applicant and both the applicant and victim spent a night at the said house, where they take dinner and made physical

relation; this was not possible without consent of the alleged victim; this is a case of consensual physical relation; the applicant has no criminal history;

he is a permanent resident of District Udham Singh Nagar; he is in judicial custody since 11.08.2020 and the charge sheet has already been filed,

therefore, there is no chance of tampering with the evidence.

The learned Counsel appearing for the State opposed the bail application, however, he fairly conceded that the applicant has no criminal history and

at the time of the incident, the victim was major.

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 the 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 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 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) The applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

ii) The 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, the prosecution will be free to move the court for

cancellation of bail.

The informant of this matter be informed that the applicant-accused Paramjeet Singh has been granted bail and a copy of this bail order be

provided to him through Registry of this Court forthwith.