Rajat Yadav 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 the First Information Report No.628 of 2021, registered with Police Station Rudrapur, District Udham Singh Nagar for the offence under Sections 376, 363, 504 of IPC and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012.

According to the allegations of the First Information Report, the minor daughter, aged about 17 years, of the informant, was raped by the present applicant.

Heard Mr. Shakti Singh, learned counsel holding brief of Mr. Saurav Adhikari, learned counsel for the applicant and Mr. T.C. Agarwal, learned Deputy Advocate General for the State.

The learned counsel appearing for the applicant submitted that the applicant has been implicated in this matter; there are no prima facie evidence to support the allegations of the First Information Report; the applicant, aged about 21 years, is a permanent resident of District Udham Singh Nagar; he has no criminal history; he is in custody since 15.11.2021 and charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Mr. T.C. Agarwal, learned Deputy Advocate General for the State opposed the bail application, however, he fairly conceded that the victim has not supported the allegation of the rape or sexual assault in her statement, recorded under Section 164 of the Code of Criminal Procedure, 1973.

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 - Rajat Yadav 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.