Bramhpal Singh 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 the First Information Report No.144 of 2021, registered with the Police Station Shyampur, District Haridwar for the offence under Sections 294, 354, 354D, 506 and 509 of IPC.

Heard Mr. Rakshit Joshi, the learned counsel for the applicant and Mr. Atul Kumar Shah, the learned AGA for the State.

The learned counsel for the applicant submitted that the applicant is an innocent person; he has been implicated in this matter; the said offences are triable by Magistrate; the applicant is a permanent resident of District Haridwar; he has no criminal history and he is in custody since 27.08.2021.

Mr. Atul Kumar Shah, learned AGA for the State opposed the bail application orally, however, he fairly conceded 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. The object of keeping the accused person in detention during the investigation or 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 Bramhpal Singh 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.