2025:UHC:8285 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 17th SEPTEMBER, 2025 FIRST BAIL APPLICATION NO. 1736 of 2025 Diwakar Prasad ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. A. M. Saklani, Advocate. Counsel for the Respondent : Mr. Himanshu Sain, Brief Holder. Hon’ble Alok Kumar Verma,J. The applicant – Diwakar Prasad is in judicial custody for the offence under Section 376(3) and Section 506 of the Indian Penal Code, 1860, Section 5(j)(ii) and Section 5(l) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012. 2. Heard Mr. A.M. Saklani, learned counsel for the applicant and Mr. Himasnhu Sain, learned Brief Holder for the respondent. 3. Mr. A.M. Saklani, Advocate, for the applicant contended that the informant, the father of the alleged victim (PW1), the alleged victim (PW2), the younger sister of the alleged victim (PW4), the shopkeeper (PW5) and the prosecution witness (PW7) have not supported the case of the prosecution. Applicant is in judicial custody since 18.08.2024. He is a permanent resident of District Uttarkashi, therefore, there is no possibility of his absconding, and, he has no criminal antecedents. 1 2025:UHC:8285 4. Mr. Himanshu Sain, Brief Holder, has opposed the bail application orally. However, he conceded that the victim, her father, her sister and other prosecution witnesses 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 – Diwakar Prasad 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