Aakil vs State Of Uttarakhand

Alok Kumar Verma, J

The applicant – Aakil is in judicial custody for the offence punishable under Section 303(2) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No. 285 of 2025, registered at Police Station Bhagwanpur, District Haridwar.

According to the respondent, trees of Eucalyptus were cut and stolen by unknown persons on 27.08.2025. The First Information Report was registered against the unknown person. The name of the applicant has come to light during the course of the investigation.

Heard Mr. Rajveer Singh, learned counsel for the applicant and Mr. Chitrarth Kandpal, learned Brief Holder for the respondent.

Mr. Rajveer Singh, Advocate, contended that the applicant was not involved in the said offence. Nothing was recovered from his possession. The Co-accused Shakir alias Gunga was arrested by the police in the present matter. The name of the present applicant has come to light in the statement of co-accused Shakir alias Gunga. Applicant is not a convicted person. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, he is in judicial custody since 15.10.2025.

Mr. Chitrarth Kandpal, Brief Holder for the respondent has opposed the bail application orally.

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.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merits of the case, this Court is of the view that the applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant-Aakil 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.