Allowed

Nawab Ali Alias Nawab Ahmad v. State of Uttarakhand

Uttarakhand HC7 Oct 2021BA1/850/2021

Case brief

AI extract

What is this about?

The High Court allowed the first bail application of Nawab Ali in a case involving abduction and sexual offences (IPC 363, 366, 376, POCSO). The court held that the applicant deserves bail and released him on a personal bond with sureties, noting he was not physically present in the victim's house.

What did the court decide?

Applicant released on bail upon executing a personal bond and furnishing two reliable sureties.

Nawab Ali Alias Nawab Ahmad Vs State of… — Child Sexual Offences (POCSO) | Uttarakhand HC (2021)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

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7^TH OCTOBER, 2021

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FIRST BAIL APPLICATION NO. 850 of 2021

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Between:

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Nawab Ali alias Nawab Ahmad S/o Mohammad Ahmad. …Applicant

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and

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State of Uttarakhand. …Respondent

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Counsel for the Applicant : Mr. M.K. Ray with Mr. Prem Kaushal.

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Counsel for the Respondent : Mr. Pratiroop Pandey, learned A.G.A. assisted by Mr. Pramod Tiwari, learned Brief Holder for the State.

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Counsel for the Informant : Mr. Rajendra Arya.

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Hon’ble Alok Kumar Verma,J.

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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.66 of 2021, registered with Police Station Banbhoolpura, District Nainital for the offence under Sections 363, 366, 376(2)(n) of IPC and Section 5( l )/6 of the Protection of Children from Sexual Offences Act, 2012.

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An FIR was lodged by the brother of the victim stating therein that his sister was missing from 21.02.2021. The said report was registered on 22.02.2021 against the unknown persons. On 24.02.2021, the victim was recovered from the house of the present applicant.

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Heard Mr. M.K. Ray, learned counsel with Mr. Prem Kaushal, learned counsel for the applicant, Mr. Pratiroop Pandey, learned A.G.A. assisted by Mr. Pramod Tiwari, learned Brief Holder for the State and Mr. Rajendra Arya, learned counsel for the informant.

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Mr. M.K. Ray, the learned counsel for the applicant, submitted that the applicant has been implicated in this matter; the victim was not recovered from his house; the victim did not support the prosecution case in the trial; the applicant has no criminal history and he is in custody since 25.02.2021.

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Mr. Pratiroop Pandey, learned A.G.A. for the State, has opposed the bail application. However, he fairly conceded that the victim has not supported the prosecution case in the trial.

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Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of an 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.

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Having considered the submissions of learned counsel for both the parties and in the facts and

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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.

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8. The bail application is allowed.

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Let the applicant Nawab Ali alias Nawab Ahmad 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.

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___________________ ALOK KUMAR VERMA, J.

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Dt: 07^th October, 2021 Neha

Nawab Ali Alias Nawab Ahmad v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Nawab Ali Alias Nawab Ahmad v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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