When there is no reason to keep the applicant behind the bars for an indefinite period, then the accused should be released on bail. A single Judge bench comprising Hon’ble Justice Alok Kumar Verma, in the matter of Aamir Vs. State of Uttarakhand (FIRST BAIL APPLICATION NO.1490 of 2021), dealt with an issue where the petitioner filed the first bail application under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail, alleged to have committed the offences under Sections 328, 341/34 of I.P.C. and Sections 7/8 and 16/11 of the Protection of Children from Sexual Offences Act, 2012.
In the present case, the informant informed the police that her son, aged about 16 years, had gone to the locality in the evening for some work, but he did not return home. On searching the next morning her son was found unconscious on the roof of the present applicant. The son informed that he was given some intoxication by the co-accused, that he smelled and fainted and in such a State, he was abducted and sexually assaulted by the co-accused.
The learned counsel for the applicant submitted that there was a delay in filing of FIR and no reason was specified for that delay. The counsel further stated that the statement of the alleged victim has been recorded under Section 161 of the Code of Criminal Procedure, 1973, and according to him, he did not know what happened to him. The counsel also submitted that the release of the accused cannot tamper with any evidence, as the chargesheet had already been filed. The Deputy Advocate General however opposed the Bail application.
The court observed that- “there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.” Thereby the bail application was allowed.