2025:UHC:8256 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 16th SEPTEMBER, 2025 FIRST BAIL APPLICATION NO. 1164 of 2025 Mohd. Sadik alias Bhoora ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Vikas Kumar Guglani, Advocate. Counsel for the Respondent : Mr. Deepak Bhardwaj, Brief Holder. Hon’ble Alok Kumar Verma,J. The applicant - Mohd. Sadik alias Bhoora is in judicial custody for the offence under Sections 137(2), 87, Section 64 of the Bharatiya Nyaya Sanhita, 2023 and Section 5 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 in Case Crime No.459 of 2024, registered at Police Station Kiccha, District Udham Singh Nagar. 2. Heard Mr. Vikas Kumar Guglani, learned counsel for the applicant and Mr. Deepak Bhardwaj, learned Brief Holder for the respondent. 3. The victim (PW1), aged about 19 years, has been examined on 28.05.2025. 4. Mr. Vikas Kumar Guglani, Advocate, for the 1 2025:UHC:8256 applicant submitted that the applicant has been falsely implicated in the present matter. The alleged victim (PW1) has not supported the case of the prosecution. Applicant is in judicial custody since 18.12.2024. He does not have any criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding. 5. Mr. Deepak Bhardwaj, Brief Holder, has opposed the bail application. However, he conceded that the victim (PW1) has not supported the case of the prosecution. 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 person in detention during the trial 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, therefore, without expressing any opinion as to the 2 2025:UHC:8256 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- Mohd. Sadik alias Bhoora 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:16.09.2025 Pant/ 3