Suresh 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.244 of 2019, registered with Police Station Transit Camp, District Udham Singh Nagar for the offence under Sections 363, 366, 376 of IPC and ¾ of the Protection of Children from Sexual Offences Act, 2012.

The father (PW-2) of the victim (PW-1) lodged an F.I.R. on 24.09.2019 against the present applicant. The said F.I.R. was registered under Sections 363 and 366 of IPC. After completion of the investigation, charge sheet was filed. During the trial, the prosecution has examined the victim as a PW-1 and the father of the victim as a PW-2.

Heard Mr. Vikas Kumar Guglani, the learned counsel for the applicant and Mr. A.K. Sah, the learned Deputy Advocate General assisted by Ms. Mamta Joshi and Ms. Sonika Khulbe, learned Brief Holder for the State.

The learned counsel for the applicant submitted that the applicant has been implicated in this matter; he is an innocent person; during the trial, the victim and the informant did not support the prosecution story; the applicant has no criminal history and the applicant is in custody since 30.09.2019.

The learned counsel appearing for the State opposed the bail application. However, he fairly submitted that the victim and the informant have not supported the prosecution case.

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 Suresh 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.