Sonu 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 FIR

No.156 of 2020, registered with Police Station Bazpur, District Udham Singh Nagar for the offence punishable under Section 363 of IPC and Section

16/17 of the Protection of Children from Sexual Offences Act, 2012.

On 23.05.2020, at about 19:30 hours, an information was given by the informant to the Police Station Bazpur, District Udham Singh Nagar alleging

that Sonu Singh kidnapped his minor daughter, whose date of birth is 07.04.2004. He also alleged that her daughter had also took Rs.73,000/- along

with her. After lodging of FIR, the victim was recovered from the possession of the applicant.

Heard Mr. Vikas Anand, the learned counsel for the applicant and Mr. T. C. Agarwal, the learned Deputy Advocate General for the State through

video conferencing.

Mr. Vikas Anand, the learned counsel appearing for the applicant submitted that the applicant is an innocent person; he has been falsely implicated

in this matter; the statements of the victim are contradictory; the applicant had never enticed or kidnapped the victim; no money was ever recovered

from the possession of the applicant; he is in custody since 24.05.2020; he has no criminal history; he is a permanent resident of District Udham Singh

Nagar; the charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Mr. T. C. Agarwal, the learned Deputy Advocate General for the State has opposed the bail application. However, he 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 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.