Amjad Alias Shafbad vs State Of Uttarakhand

Alok Kumar Verma, J

Applicant-Amjad alias Shafbad is in judicial custody for the offence punishable under Section 304(2), Section 317(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.25 of 2025, registered at G.R.P. Laksar, District Haridwar.

According to the respondent, on 21.03.2025, the informant was travelling by train with his wife. A person ran away with her purse, which contained Rs.50,000/-, two golden earrings, Nokia keypad mobile phone and an Android phone. The First Information Report was registered on 01.06.2025. Some of the said articles were recovered from the possession of the present applicant.

Heard Mr. Rajveer Singh, learned counsel for the applicant and Mrs. Sweta Badola Dobhal, learned Brief Holder for the respondent.

Mr. Rajveer Singh, Advocate, contended that the applicant was not involved in the said offence. He is innocent. He has no criminal antecedents. The alleged recovery was false. Applicant was not present at the time of the alleged recovery. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, he is in custody since 31.10.2025.

Mrs. Sweta Badola Dobhal, learned Brief Holder, 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 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- Amjad alias Shafbad 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.