Bail is the rule and committal to jail is an exception, and refusal of bail is a restriction on the personal liberty guaranteed under Article 21 of the Constitution of India.

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 F.I.R. No.57 of 2021, registered with Police Station Sitarganj, District Udham Singh Nagar for the offence under Sections 363, 366, 376 of I.P.C. and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012.

2. The informant lodged an FIR on 19.02.2021 stating therein that his minor daughter was missing since 17.02.2021 from her school. During the investigation, the victim was recovered from the custody of the present applicant on 25.02.2021. The victim was medically examined. Her statement under Section 164 of the Code of Criminal Procedure, 1973 was recorded. After completion of the investigation, charge-sheet has been filed. During the trial, the statement of the victim, PW1, is recorded.

3. Heard Mr. Kishore Kumar, learned counsel holding brief of Mr. N.K. Papnoi, learned counsel for the applicant and Mrs. Meena Bisht, learned Brief Holder for the State.

4. Mr. Kishore Kumar, the learned counsel appearing for the applicant, submitted that the applicant has been implicated in this matter; the victim has not supported the prosecution case; the applicant is a permanent resident of District Udham Singh Nagar; he has no criminal history; he is in custody since 25.02.2021.

5. Mrs. Meena Bisht, the learned Brief Holder appearing for the State, opposed the bail application. However, she fairly conceded that during the trial, the victim has not supported the prosecution case and 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 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.

8. The bail application is allowed.

9. Let the applicant Deepak Sheel 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.