2025:UHC:10971 I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA 1 0 t h DECEMBER, 2 0 2 5 FI RST BAI L APPLI CATI ON NO. 2 2 2 0 of 2 0 2 5 Gopal Semwal ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. D.K. Sharma, Senior Advocate assisted by Mr. Niranjan Bhatt, Advocate with Mr. Suman Nautiyal, Advocate. Counsel for the Respondent : Mr. Sandeep Sharma, Assistant Government Advocate. Hon ’ble Alok Ku m ar Ver m a,J. The applicant – Gopal Semwal is in judicial custody for the offence punishable under Section 64, Section 137(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 5(l) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 in Case Crime No. 292 of 2025, registered at Police Station Nehru Colony, District Dehradun. 2 . Heard Mr. D.K. Sharma, learned Senior Advocate for the applicant and Mr. Sandeep Sharma, learned Assistant Government Advocate for the respondent. 3 . Mr. D.K. Sharma, Senior Advocate, has contended that all the allegations of the First Information Report are false and concocted. The 1 2025:UHC:10971 alleged victim has not supported the case of the respondent. Applicant has no criminal antecedents. He is in judicial custody since 18.10.2025. He is a permanent resident of District Uttarkashi, therefore, there is no possibility of his absconding. 4 . Mr. Sandeep Sharma, Assistant Government Advocate, has opposed the bail application. However, he submitted that the victim has not supported the case. 5 . The statement of the victim, aged about 17 years, has been recorded under Section 183(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023. She has stated that no offence has been committed against her. 6 . 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 in detention during the investigation is not punishment. The main purpose is 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, no reason is found to keep the applicant behind the bars for an indefinite period, 2 2025:UHC:10971 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. 8 . The Bail Application is allowed. 9 . Let the applicant-Gopal Semwal 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: 10.12.2025 Shiv/ 3