2025:UHC:9546 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 29TH OCTOBER, 2025 FIRST BAIL APPLICATION NO.2042 of 2025 Mangal Singh ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Piyush Shrivastav, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. The Applicant- Mangal Singh is in judicial custody for the offence punishable under Section 65(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 5(n)(m) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 in Case Crime No.50 of 2025, registered at Police Station Banbhoolpura, District Nainital. 2. Heard Mr. Piyush Shrivastav, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 3. Mr. Piyush Shrivastav, Advocate, contended that the applicant has been falsely implicated. The 1 2025:UHC:9546 alleged victim, aged about 12 years, (PW2) and the mother of the victim (PW1), the informant, did not support the case of the prosecution. They turned hostile. Applicant has no criminal antecedents. He is a permanent resident of District Nainital, therefore, there is no possibility of his absconding, and, he is in judicial custody since 28.02.2025. 4. Mr. Pradeep Lohani, learned Brief Holder, has opposed the bail application orally. 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. 2 2025:UHC:9546 8. Let the applicant- Mangal Singh 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:29.10.2025 Neha 3 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7 326b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F3 2DE6BA960BFE64D819EE44CA9CCE487B2FE0F 92, cn=NEHA BISHT Date: 2025.10.29 17:53:26 +05'30'