Avesh Alias Savej vs State Of Uttarakhand

Alok Kumar Verma, J

The Applicant- Avesh alias Savej is in judicial custody for the offence punishable under Section 303(2), Section 317(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.336 of 2025, registered at Police Station Bhagwanpur, District Haridwar.

According to the respondent, a truck (Registration No.UK07CA-5535) was stolen on 05.10.2025. The First Information Report was registered on 07.10.2025 against unknown person. The said stolen truck was recovered from the possession of the applicant and co-accused persons.

Heard Mr. Abhishek Verma, learned counsel for the applicant and Mrs. Rangoli Purohit, learned Brief Holder for the respondent.

Mr. Abhishek Verma, Advocate, contended that the applicant has been falsely implicated in the present matter. The said truck was not stolen by him. The said truck was not recovered from the possession or at the instance of the applicant. Applicant has no criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding, and, he is in custody since 07.10.2025.

Mrs. Rangoli Purohit, learned Brief Holder, has opposed the bail application.

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- Avesh alias Savej 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.