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Bail application was granted by the Uttarakhand High Court as it was possible to secure the accused’s attendance without putting him in custody in the case of Amit v. State of Uttarakhand through Justice Alok Kumar Verma.

FACTS OF THE CASE

In this case, a bail application for ordinary bail was filed which was in relation to offences covered by Sections 376(2)(i)(n) of the Penal Code and Sections 5(1)/6 of the 2012 Protection of Children from Sexual Offenses (POCSO) Act.

On September 26, 2018, the victim’s father filed a police report alleging that his daughter had informed him of the applicant. The victim disclosed that the applicant had taken a few photos for which he was blackmailing, harassing, and verbally assaulting her over the phone, as well as pressuring her to engage in sexual activity with him.

The applicant’s attorney, argued that the applicant was innocent and the FIR did not specify the date or month of any physical relations. Also, the medical report stated that no sexual activity had taken place with the victim in recent days.

JUDGEMENT

The Court observed that personal liberty was a very precious fundamental right and should only be restricted when necessary given the specific facts and circumstances of the case. In the present case, the court found that it was possible to secure the accused’s attendance without putting him in custody.

Accordingly, the bail application was approved by the Court.

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JUDGEMENT REVIEWED BY NISHTHA GARHWAL

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