Kamlesh @ Kamlesh Kumar 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.04 of 2020, registered with Thana Patti Unchakote, District Nainital for the offence under Sections 363, 376-D, 506 of IPC and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012.

The informant, father of the victim, lodged an FIR against the present applicant and co-accused persons. The said FIR was registered on 04.12.2020 under Sections 363, 376-D, 506 of the IPC and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012. After investigation, charge-sheet has been filed.

Heard Mr. Manoj Mohan, the learned counsel appearing for the applicant and Mr. T.C. Agarwal, the learned Deputy Advocate General appearing for the State through video conferencing.

Mr. Manoj Mohan, the learned counsel appearing for the applicant, submitted that the applicant is an innocent person; he has been falsely implicated; the applicant is in custody since 09.12.2020; the applicant has no criminal history; he is a permanent resident of District Nainital; and, the victim has not supported the prosecution case.

Mr. T.C. Agarwal, the learned Deputy Advocate General appearing for the State, opposed the bail application. However, he fairly conceded that the applicant has no criminal history and the victim, PW1, has 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 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 Kamlesh @ Kamlesh Kumar 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.