Abhishek Singh S/o Sri Muneshwar Singh v. State of Uttarakhand
2021-07-06
ALOK KUMAR VERMA
body2021
DigiLaw.ai
JUDGMENT : This bail application has been filed for grant of regular bail in connection with F.I.R. No.261 of 2020, registered with Police Station-Transit Camp, District Udham Singh Nagar for the offence under Sections 363, 366, 376 (2) of I.P.C. and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012. 2. On 03.10.2020, at 20.30 hours, the informant lodged an F.I.R. against the applicant-accused stating that his minor daughter (victim), aged about 17 years, was abducted by the applicant on 01.10.2020 at around 10.00 a.m. She was searched. On 06.10.2020, the victim was recovered from the custody of the present applicant. Her medical examination was conducted. The statements of the victim were recorded under Section 161 and Section 164 of the Code of Criminal Procedure, 1973. 3. Heard Mr. M.K. Ray, the learned counsel for the applicant and Mr. Sachin Panwar, learned Brief Holder for the State through video conferencing. 4. Mr. M.K. Ray, the learned counsel for the applicant submitted that the victim before the doctor, who conducted her medical examination, has stated that the applicant did not abduct her; she went with the applicant with her own will; the victim in her statement, recorded under Section 161 Cr.P.C., stated that she herself eloped with the applicant without any pressure; in her statement, recorded under Section 164 Cr.P.C., she stated that nobody abducted her; she was unhappy with the behaviour of her mother, as a result she left her home. The learned counsel for the applicant further submitted that after availing sufficient opportunities, neither the birth certificate, nor the school certificate nor any ossification test report of the victim has been filed by the State, whereas, the age of the applicant is about 19 years. He further argued that in the case of Jarnail Singh Vs. State of Haryana reported in 2013 (7) SCC 263 , the Hon’ble Supreme Court has held that for the determination of the age of the victim, the provisions of Juvenile Justice (Care and Protection of Children) Act, is applicable; the applicant is innocent and has no criminal history; he is in judicial custody since 07.10.2020 and charge sheet has already been filed, therefore, there is no chance of tampering with the evidence. 5. The learned Counsel appearing for the State opposed the bail application, however, he submitted that the applicant has no criminal history. 6.
5. The learned Counsel appearing for the State opposed the bail application, however, he submitted that the applicant has no criminal history. 6. 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. 7. Having considered the submissions of the 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 he 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 him, the prosecution will be free to move the court for cancellation of bail. 11. The informant of this matter be informed that the applicant-accused Abhishek Singh has been granted bail and a copy of this bail order be provided to him through Registry of this Court forthwith.