2025:UHC:9291 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 16TH OCTOBER, 2025 FIRST BAIL APPLICATION NO. 1845 of 2025 Nazim ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Tejas Agarrwal, Advocate. Counsel for the Respondent : Mr. Akshay Latwal, Assistant Government Advocate Hon’ble Alok Kumar Verma,J. Applicant-Nazim is in judicial custody for the offence punishable under Sections 333, 62, 64, 75(2), 78 (2) of the Bharatiya Nyaya Sanhita, 2023 and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012 in Case Crime No.220 of 2025, registered at Kotwali Kotdwar, District Pauri Garhwal. 2. According to the First Information Report dated 05.09.2025 lodged by the father of the victim, the age of the victim is 17 years. She is a student of twelfth class. Applicant used to follow her. On 05.09.2025, his daughter was alone at his house. The applicant entered his house and attempted to rape her 1 2025:UHC:9291 daughter. 3. Heard Mr. Tejas Agarrwal, learned counsel for the applicant and Mr. Akshay Latwal, learned Assistant Government Advocate for the respondent. 4. Mr. Tejas Agarrwal, Advocate submitted that the applicant has been falsely implicated by the father of the alleged victim. He is an innocent person. He is a permanent resident of District Bijnor, Uttar Pradesh, therefore, there is no possibility of his absconding. He has no criminal antecedents, and, he is in judicial custody since 05.09.2025. 5. Mr. Akshay Latwal, Assistant Government Advocate has opposed the bail application orally. However, he submitted on instructions that according to the statement of the victim, recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the victim, aged about 19 years, has not supported the allegations of the First Information Report. 6. Bail is the rule and the 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 persons in detention during the investigation is not punishment. The main purpose is 2 2025:UHC:9291 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, 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. 8. The Bail Application is allowed. 9. Let the applicant – Nazim 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. Date: 16.10.2025 JKJ/Pant 3