BA1/2453/2024 of DANISH Vs STATE OF UTTARAKHAND

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

THE HON’BLE SRI JUSTICE ASHISH NAITHANI

27[th] March, 2025

FIRST BAIL APPLICATION NO. 2453 of 2024

Danish

State of Uttarakhand

…Applicant

Versus

…Respondent

Counsel for the Applicant :

Mr. Abhishek Verma, learned counsel.

Counsel for the State

: Mr. Bhaskar Chandra Joshi, A.G.A.

Hon’ble Ashish Naithani, J.

The present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed seeking bail by the applicant-Danish, who is in judicial custody since 16.08.2024 in connection with Case Crime No. 402 of 2024, registered at Police Station Kotwali Gangnahar, District Haridwar, under Sections 142 and 74 of the Bharatiya Nyaya Sanhita, 2023.

2. The FIR in the present matter was lodged on 14.08.2024 by the informant alleging that his daughter, aged about 18 years, had gone missing on 12.08.2024 at around 10:00 AM. The FIR was initially registered under Section 87 of the BNS. During the investigation, the victim was traced, and upon the arrest and confessional statements of co-accused Abdul Daeem @ Saddam, the name of the present applicant surfaced for the first time. Consequently, Sections 142 and 74 of the BNS were invoked. It is not in dispute that the

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name of the applicant does not find mention in the FIR.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated and had no role in the alleged offence. It is contended that the victim, who is admittedly major, had voluntarily accompanied the co-accused and was recovered from rented room allegedly rented by the applicant.

4. It is further submitted that the medical examination conducted on 15.08.2024 revealed no internal or external injuries on the body of the victim. Specifically, the medical report records that “no internal injuries [were] seen at the time of examination.” The learned counsel argues that no allegation of sexual assault was made against the applicant either in the medical history or during the initial stage of investigation.

5. The involvement of the applicant has been inferred solely on the basis of the subsequent confessional statements of the co-accused and the statement of the victim recorded under Section 183 of the BNSS.

6. It is also urged that the statement recorded under Section 183 of the BNSS is tutored, and no overt act has been attributed to the applicant indicating any active participation in the commission of the offence. The applicant has no criminal antecedents, is permanent resident of District Haridwar, and undertakes to cooperate with the trial. It is pointed out that the charge sheet has already been filed, and further custodial interrogation of the applicant is not required. Attention is also drawn to the fact that co-accused Naeem has been granted bail by the learned

Sessions Judge vide order dated 27.08.2024.

7. Per contra, learned A.G.A. appearing for the State has opposed the bail application, contending that the applicant played an active role in wrongfully confining the victim and outraging her modesty. Reliance is placed on the statement of the victim under Section 183 of the BNSS, wherein she alleges that the applicant, in state of intoxication, misbehaved with her and that he used to lock the room from outside whenever he stepped out. The State contends that the role of the applicant cannot be viewed in isolation and that the acts attributed to him facilitated the principal accused in the commission of the offence.

8. Having considered the submissions advanced on behalf of the parties and perused the material available on record, it is evident that the applicant is not named in the FIR and his name surfaced during investigation. The victim is of majority age, and the medical examination does not indicate any signs of physical violence. The clear medical observation of “no internal injuries seen” further weakens the prosecution’s version of any overt act committed by the applicant. The statement under Section 183 BNSS implicating the applicant came at belated stage and is not corroborated by any independent evidence.

9. Furthermore, the applicant has no prior criminal history and the charge sheet has already been submitted. Co-accused Naeem has already been granted bail. In such circumstances, continued incarceration of the applicant, especially when the trial may take considerable time to conclude, would not be justified.

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10. The Hon’ble Supreme Court in the case of Dataram Singh v. State of U.P., (2018) 3 SCC 22 has emphasized the principle that “bail is the rule and jail is the exception. In Satender Kumar Antil v. CBI, (2022) 10 SCC 51, the Court held that under trials should not be unnecessarily detained once the investigation is complete and the charge sheet is filed. Further, in the case of Arnesh Kumar v. State of Bihar (2014) 8 SCC 273, the Apex Court cautioned against mechanical arrest and emphasized the importance of safeguarding personal liberty.

11. In view of the totality of circumstances and without expressing any opinion on the merits of the case, this Court finds it to be fit case for the grant of bail.

12. Accordingly, the bail application is allowed.

13. Let the applicant—Danish, be released on bail on furnishing personal bond and two sureties of like amount to the satisfaction of the court concerned, subject to the following conditions:

“(a) The applicant shall not tamper with the evidence or influence any witness;

(b) The applicant shall appear before the trial court on each and every date fixed unless exempted by the court concerned.

(c) In case of breach of any of the above conditions, the prosecution shall be at liberty to move for cancellation of bail.”

___________________

ASHISH NAITHANI, J.

Dt: 27.03.2025 SB SHIKSHA BINJOLADigitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.04.01 18:49:51 +05'30'