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, but to secure the attendance of the accused. A single Judge Bench comprising Hon’ble Justice Alok Kumar Verma, in the matter Ajay Vs. State of Uttarakhand (FIRST BAIL APPLICATION NO. 147 of 2020), dealt with an issue where the petitioner has filed a bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection for the offence under Sections 366-A, 376 of IPC and Section ¾ of the Protection of Children from Sexual Offences Act, 2012.
In the present case, the informant filed an FIR against the present applicant alleging that the applicant enticed his daughter, aged about 13 years, and took her with him. Upon search and investigation, the victim was recovered from the custody of the applicant. The counsel for the applicant submitted that the victim had stated before the learned trial court that she was not enticed by the applicant and she herself went with the applicant, as because she was in love with him and got married to the applicant. The counsel also submitted that the date of birth of the victim was mentioned in the school record without any basis, whereas according to the Aadhar Card of the victim, her date of birth is 15.01.2001. Hence the victim was 20 years and major when she went with the applicant. The counsel for the appearing for the state opposed the bail application but contended that the victim did not support the prosecution case and also the applicant had no criminal history.
The court observed that – “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 to secure the attendance of the accused.” Thereby the court held that there was no reason to keep the applicant in custody and hence allowed the bail application.