Ajay vs State Of Uttarakhand

Alok Kumar Verma, J

Present 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. 103 of 2023, registered at police station Shyampur, District Haridwar.

Applicant is in judicial custody under Section 392 read with Section 34 of the Indian Penal Code, 1860.

According to the First Information Report dated 08.09.2023, informant Smt. Indu Devi was going on a motorcycle with her nephew Aman Singh. Three unknown persons came on a Bolero pick-up vehicle (UP12), snatched a chain from her neck and ran away. During the investigation, applicant and co-accused persons were arrested. The said chain was recovered from the joint possession of the applicant and co-accused persons.

Heard Mr. Narendra Bali, learned counsel for the applicant and Mr. Bhaskar Joshi, learned A.G.A. for the State.

Mr. Narendra Bali, Advocate, has submitted that the applicant is an innocent person. He has been falsely implicated in the present matter. Test Identification Parade has not been conducted. The said chain was not recovered from the possession of the applicant. He is a permanent resident of District Saharanpur (Uttar Pradesh), therefore, there is no chance of his absconding. He has no criminal history. He is in custody since 09.09.2023, and, a co-accused of the similar role, namely, Savej, has been granted bail by this Court.

On the other hand, learned counsel for the State has opposed the bail application. However, he submitted that the applicant has no criminal history.

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.

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 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- Ajay 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.