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ALOK KUMAR VERMA
Riyujul – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Alok Kumar Verma, J.
Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the First Information Report No.115 of 2023, registered at police station Rudrapur, District Udham Singh Nagar. Applicant is in judicial custody under Sections 363, 354, 354 D, 506 (2) of the Indian Penal Code, 1860 and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012. Charge-sheet was filed after completion of the investigation. Statement of the prosecutrix, (PW1), aged about 14 years, has been recorded.
2. Mr. Vikas Kumar Guglani, Advocate, has submitted that the applicant has been falsely implicated in the present matter. He is in judicial custody since 21.02.2023. He has no criminal history, and, he is a permanent resident of District Udham Singh Nagar. He contended that the alleged victim (PW1) did not support the case of the prosecution.
3. On the other hand, Mrs. Manisha Rana Singh, A.G.A. has opposed the bail application. However, she conceded that the prosecutrix (PW1) has not supported the case of the prosecution.
4. Having considered the submissions of learned counsel
The court established that an individual cannot be detained without substantial evidence, and the right to bail is fundamental when the evidence against the accused is weak or non-existent.
The main legal point established is that bail is the rule and committal to jail is an exception, and the purpose of keeping the accused in detention during the trial is to secure their attendance, no....
Grant of Bail - Offence of Kidnapping and Rape - Bail is rule and committal to jail is an exception. Refusal of bail is a restriction on personal liberty of individual, guaranteed under Article 21 of....
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.
The court's decision was based on the lack of maintainability of the allegations and the petitioner's claim of false implication due to a romantic relationship.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
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