Piyush Joshi 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 FIR No. 14 of 2022, registered with Police Station Mukhani, District Nainital for the offence under Sections 323, 506, 376(3) of IPC and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012.

Heard Mr. Girish Chandra Lakhchaura, the learned counsel for the applicant and Mr. Atul Kumar Shah, the learned Deputy Advocate General for the State.

Mr. Girish Chandra Lakhchaura, the learned counsel for the applicant, submitted that the applicant is an innocent person; he has been falsely implicated in this matter; the victim has not supported the prosecution case; the applicant is a permanent resident of District Nainital; he has no criminal history and he is in jail since 12.01.2022.

Mr. Atul Kumar Shah, the learned Deputy Advocate General for the State, fairly conceded that the victim did not support 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 Piyush Joshi 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.