Pradeep Kumar Alias Pappu vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed for grant of regular bail in connection with the Case Crime No.47 of 2021, registered at police station Ghansali, District Tehri Garhwal. Applicant is in judicial custody under Sections 363, 366A, 305, 354D of the Indian Penal Code, 1860 (for short, “IPC”), Section 11 (iv) read with Section 12 and Section 16 read with Section 17 of the Protection of Children from Sexual Offences Act, 2012.

Heard Mr. Lokendra Dobhal, learned counsel for the applicant and Mr. M.K. Chand, learned AGA for the State.

As per the prosecution, the informant’s daughter, aged about 14 years, was not present in her room on the morning of 08.07.2021. She was searched. On the basis of suspicion, an FIR was lodged against the applicant on 08.07.2021. The First Information Report was registered under Section 363 and Section 366A IPC. Applicant was arrested and on his pointing out, slippers and dupata of the deceased were recovered. Charge-sheet was filed.

Mr. M.K. Chand, learned counsel for the State, has opposed the bail application. He submits that the applicant and the victim were having love affection and on 07.07.2021, applicant took the victim to river. They decided to jump into the river. The victim had committed suicide. However, the body of the victim has not been found. Applicant also sent messages on the victim’s mother’s phone that they are committing suicide. The C.C.T.V. footage was collected by the Investigating Officer during the course of the investigation, in which, the victim and the applicant can be seen going towards the river.

Mr. Lokendra Dobhal, learned counsel for the applicant, contended that the applicant has been falsely implicated in the present matter. No independent witness was present at the time of the alleged recovery of slippers and dupata. The police had recovered the said slippers and dupata before the arrest of the applicant. The body of the victim has not been found. C.C.T.V. footage is not clear. The said footage can be proved only in the trial. Applicant is in judicial custody since 09.07.2021. Prosecution has examined two witnesses. The prosecution witness PW2 was examined on 21.11.2022. No other witness has been examined by the prosecution till date. Applicant has no criminal history, and, he is a permanent resident of District Tehri Garhwal, therefore, there is no possibility of his absconding.

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 – Pradeep Kumar Alias Pappu 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.