BA1/3361/2021 of ABID Vs STATE OF UTTARAKHAND on 31 December 2021

IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

31[st] DECEMBER, 2021

FIRST BAIL APPLICATION No. 3361 of 2021

Between:

Abid

…Applicant

and

State of Uttarakhand.

…Respondent

Counsel for the Applicant : Mr. B.M. Pingal.

Counsel for the Respondent : Mr. Lalit Miglani, learned AGA for the State.

Hon’ble Alok Kumar Verma,J.

This Bail application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with FIR No.769 of 2021, registered with Police Station Kotwali Laksar, District Haridwar for the offence under Sections 379, 411 read with Section 34 of the IPC.

2. According to the FIR dated 20.09.2021, an electric motor of the tube-well of the informant was stolen on 18.08.2021.

3. Heard Mr. B.M. Pingal, the learned counsel for the applicant and Mr. Lalit Miglani, the learned AGA for the State.

4. Mr. B.M. Pingal, the learned counsel appearing for the applicant, submitted that the applicant has been implicated in this matter; according to the FIR, an electric motor of the tube-well was stolen, whereas, impugned recovery of a motorcycle is shown; the applicant is a permanent resident of District Haridwar and he is in custody since 18.10.2021.

5. Mr. Lalit Miglani, the learned AGA for the State opposed the bail application.

6. 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 investigation is not punishment. The main purpose is manifestly to secure the attendance of the accused.

7. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, 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.

8. The bail application is allowed.

9. Let the applicant Abid 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.