Ravi Ranjan vs State Of Uttarakhand

Alok Kumar Verma, J

The present Bail 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.221 of 2022, registered with Police Station Bahadrabad, District Haridwar for the offence under Sections 354, 354A, 354D and 506 of IPC.

According to the present matter, on 06.05.2022, the prosecutrix lodged an FIR that in the month of June, 2021, the prosecutrix got admitted in the Nursing College, where the present applicant was also studied in the same class. The applicant along with other co-accused persons time and again molested her and also tried to outrage her modesty.

Heard Mr. M.K. Ray, learned counsel with Mr. Pranav Saxena, learned counsel for the applicant and Ms. Shivangi Gangwar, learned Brief Holder for the State.

The learned counsel for the applicant submitted that the applicant has been falsely implicated in this matter; the applicant, aged about 19 years, is a student of G.N.M. IInd year; he has no criminal history; he is in custody since 07.05.2022 and the charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

On the other hand, Ms. Shivangi Gangwar, learned Brief Holder for the State opposed the bail application, however, she 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- Ravi Ranjan 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 will 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.