Azad vs State Of Uttarakhand

Alok Kumar Verma, J

This bail application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with Case

Crime No.129 of 2021, registered with Police Station-Kotwali Manglaur, District Haridwar for the offence punishable under Sections 380, 457 and 411

of the IPC.

On 25.01.2021, the informant lodged an FIR with the allegations that on 17.01.2021, he along with his family members went to Meerut. On

24.01.2021 they returned to their house and found that lock of the house was broken and some cash, jewellery and other valuable items were stolen.

The FIR was lodged against unknown persons.

Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mr. Rohit Dhyani, learned Brief Holder for the State.

Learned counsel appearing for the applicant submitted that the applicant has been falsely implicated; nothing has been recovered from his

possession; he is a resident of District Haridwar; he has no criminal history and he is in custody since 27.01.2021.

Learned Brief Holder opposed the bail application.

Bail is the rule and the 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, 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 - Azad 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.