Adnan vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.969 of 2022, registered at police station Kotwali Laksar, District Haridwar under Sections 398, 352, 452, 511 and Section 120 B of the Indian Penal Code, 1860.

As per the allegations of the First Information Report, on 06.10.2022 at 8:00 p.m., when the daughter-in-law of the informant came inside her house, 5-6 masked persons tried to enter the house with weapons.

Heard Mr. Pankaj Kumar Sharma, learned counsel for applicant and Mr. V.S. Rathour, learned A.G.A. for State.

Mr. Pankaj Kumar Sharma, Advocate, contended that during the investigation, the co-accused Shakil had given a statement to the police that the present applicant was also involved in the incident, that is, the name of the present applicant has come to light only from the statement of the co-accused; Test Identification Parade was not conducted; charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence; applicant is not convicted by any Court, and, he is in custody since 26.10.2022.

Mr. V.S. Rathour, A.G.A., has opposed the bail application, however, he conceded that Test Identification Parade was not conducted during the investigation.

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 trial 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, 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.

The Bail Application is allowed.

Let the applicant- Adnan 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 with the following conditions :-

i) Applicant shall attend the trial court regularly and he will not seek any unnecessary adjournment;

ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, Prosecution will be free to move the court for cancellation of bail.