Bail is the rule and committal to jail is an exception, with the purpose of detention during trial being to secure the attendance of the accused, not punishment.

JUDGMENT

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 Case Crime No.320 of 2021, registered with Police Station Kotwali Laksar, District Haridwar for the offence under Sections 323, 363, 376-D, 376(3), 506 of IPC and Sections 5(g)/6 of Protection of Children from Sexual Offences Act, 2012.

2. According to the F.I.R. dated 01.04.2021, a gang rape was committed on the daughter of the informant. After the investigation, charge sheet was filed. During the trial, four witnesses were examined by the prosecution.

3. Heard Mr. Parikshit Saini, learned counsel holding brief of Mr. Mohd. Safdar, the learned counsel for the applicants and Mr. Rohit Dhyani, the learned Brief Holder for the State.

4. The learned counsel for the applicants submitted that the applicants have been falsely implicated in this matter; the victim and the informant did not support the prosecution story; the applicants have no criminal history; they are permanent resident of District Haridwar; the applicant-Sahrukh is in custody since 25.04.2021 and the applicant-Usman is in custody since 05.07.2021.

5. The learned counsel appearing for the State opposed the bail application. He submitted that the date of birth of the victim is 01.01.2003 and the offence was committed on 28.03.2021.However, he admitted that the victim, informant/father and the witness mother did not support the prosecution story.

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 learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicants 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 applicants deserve bail at this stage.

8. The bail application is allowed.

9. Let the applicants - Sahrukh and Usman be released on bail on their executing personal bonds and furnishing two-two reliable sureties by each one of them in the like amount, to the satisfaction of the court concerned.