Deepak Bhatt vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 has been filed in respect of First Information Report No.02 of 2023, registered at police station Retha Sahab, District Champawat. Applicant is in judicial custody under Sections 354D, 506 of the Indian Penal Code, 1860, Section 11 (iv) read with Section 12 of the Protection of Children from Sexual Offences Act, 2012 and Section 67B of the Information Technology Act, 2000.

FIR was registered on 21.01.2023 against the applicant.

Heard Mr. Birendra Singh Adhikari, learned counsel for applicant and Mr. S.T. Bharadwaj, learned Deputy Advocate General for the State.

The victim (PW2), aged about 17 years and three months, has stated in her evidence that on the demand of the applicant, she provided her mobile number to him. She used to meet him. He kissed her on 9th November. He took her photographs and made viral them.

Mr. Birendra Singh Adhikari, Advocate, contended that applicant, aged about 19 years, has been implicated in the present matter. The report of the Forensic Science Laboratory is not conclusive in respect with the said photos. Applicant has no criminal history. He is in custody since 31.01.2023, and, he is a permanent resident of District Champawat.

On the other hand, learned counsel for the State has opposed the bail application. However, he has accepted that the report of the Forensic Science Laboratory is not conclusive.

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 submission 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-Deepak Bhatt 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) Applicant shall attend the trial court regularly and he will not seek any unnecessary adjournment;

ii) 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, prosecution will be free to move the court for cancellation of bail.