Research › Search › Judgment

Uttarakhand High Court · body

2021 DIGILAW 284 (UTT)

SANJANA SHARMA @ MONA SHARMA v. STATE OF UTTARAKHAND

2021-05-25

ALOK KUMAR VERMA

body2021
JUDGMENT Hon'ble 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.238 of 2020, registered with Police Station Ramnagar, District Nainital for the offence punishable under Sections 328, 341 of I.P.C. and Section 7/8 of the Protection of Children from Sexual Offences Act, 2012. 2. On 26.05.2020, an information was given by the informant to the Police Station Ramnagar, District Nainital alleging that her son, aged about 16 years, had gone to the locality in the evening on 20.05.2020 for some work, but he did not return home. He was searched. The next day, after being told by a lady of the locality, she found her son unconscious on the roof of the present applicant. Her son told her that the present applicant had called him and had given him some intoxicant. He fainted as soon as he smelled that object. Her son was abducted and sexually assaulted by the present applicant. 3. Heard Mr. B.M. Pingal, the learned counsel for the applicant and Mr. Pratiroop Pandey, the learned A.G.A. assisted by Mr. P.S. Uniyal, the learned Brief Holder for the State. 4. Mr. B.M. Pingal, the learned counsel for the applicant submitted that the first information report has been lodged with extreme delay and no sufficient explanation has been given for this delay; no medical report of the victim is filed by the State; the statement of the alleged victim has been recorded under Section 161 of the Code of Criminal Procedure, 1973 and according to him, he did not know what happened to him; the applicant has been acquitted in Sessions Trial No.16 of 2015 (FIR No.323 of 2014); the applicant, a woman aged about 27 years, is in custody since 26.05.2020; she is a permanent resident of District Nainital; the charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. 5. Mr. Pratiroop Pandey, the learned A.G.A. for the State opposed the bail application. However, he fairly conceded that the applicant has been acquitted in connection with FIR No.323 of 2014. 6. Bail is the rule and the 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. However, he fairly conceded that the applicant has been acquitted in connection with FIR No.323 of 2014. 6. Bail is the rule and the 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. 7. 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. 8. The bail application is allowed. 9. 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 she 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. 10. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon her, the prosecution will be free to move the court for cancellation of bail. 11. The registry is directed to send a copy of this order to the concerned court for onward compliance forthwith.