2025:UHC:8284 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 17th SEPTEMBER, 2025 FIRST BAIL APPLICATION NO. 1731 of 2025 Manish Kumar ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Avidit Noliyal, Advocate. Counsel for the Respondent : Mr. Himanshu Sain, Brief Holder. Hon’ble Alok Kumar Verma,J. The applicant – Manish Kumar is in judicial custody for the offence under Section 137(2), Section 65(1) of the Bharatiya Nyaya Sanhita, 2023, Section 3(a) read with Section 4(2) of the Protection of Children from Sexual Offences Act, 2012 in Case Crime No.91 of 2025, registered at Kotwali Roorkee, District Haridwar. 2. Heard Mr. Avidit Noliyal, learned counsel for the applicant and Mr. Himanshu Sain, learned Brief Holder for the respondent. 3. Mr. Avidit Noliyal, Advocate, for the applicant submitted that the informant (PW2), the father of the alleged victim, and the alleged victim (PW1) have not supported the case of the prosecution. Applicant is in judicial custody since 02.06.2025. He is a permanent resident of District Bijnor (Uttar Pradesh), therefore, there is no possibility of his absconding, and, he has no criminal antecedents. 1 2025:UHC:8284 4. Mr. Himanshu Sain, Brief Holder, has opposed the bail application orally. However, he conceded that the alleged victim and the informant, the father of the alleged victim, have not supported the case of the prosecution. 5. 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. 6. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found 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. 7. The Bail Application is allowed. 8. Let the applicant – Manish Kumar 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. ___________________ ALOK KUMAR VERMA, J. Dt: 17.09.2025 Pant/ 2