2025:UHC:9037 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 10TH OCTOBER, 2025 FIRST BAIL APPLICATION NO.1341 of 2025 Nabeel ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Aditya Pratap Singh, Advocate. Counsel for the Respondent : Mr. Sandeep Sharma, Assistant Government Advocate. Hon’ble Alok Kumar Verma,J. The Applicant-Nabeel is in judicial custody for the offence under Sections 64(2)(m), 65(1), 87 of the Bharatiya Nyaya Sanhita, 2023, Section 3(a) read with Section 4(2) and Section 5(l) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 in Case Crime No.39 of 2025, registered at Police Station Gangnahar, District Haridwar. 2. Heard Mr. Aditya Pratap Singh, learned counsel for the applicant and Mr. Sandeep Sharma, learned Assistant Government Advocate for the respondent. 1 2025:UHC:9037 3. Mr. Aditya Pratap Singh, Advocate, submitted that the alleged victim (PW1), aged about 20 years, has not supported the case of the prosecution in her cross-examination. Applicant and the victim got married on 18.02.2025 and according to the PW1, the applicant had not established sexual relationship with her before their marriage. Applicant is a permanent resident of District Muzaffarnagar. He has no criminal antecedents, and, he is in judicial custody since 18.03.2025. 4. Mr. Sandeep Sharma, learned Assistant Government Advocate, has opposed the bail application. However, he fairly conceded that the victim (PW1) did not support the case of the prosecution in her cross-examination. 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 2 2025:UHC:9037 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- Nabeel 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:10.10.2025 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=6f1c15b6305912b3f008e 9a4a8038ee7326b08b2d0e018b01 be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB96 77068452F32DE6BA960BFE64D81 9EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.10.10 16:37:37 +05'30'