Chandan Bhardwaj 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 FIR

No.0016 of 2021, registered with Police Station Salt, District Almora for the offence under Sections 406 & 420 of IPC.

According to the F.I.R. dated 12.09.2021, the applicant-accused cheated Rs.1,03,500/- from the informant.

Heard Mr. D.C.S. Rawat, the learned counsel for the applicant and Mr. Rohit Dhyani, the learned Brief Holder for the State.

The learned counsel for the applicant submitted that the applicant has been implicated in this matter; he has no criminal history; the said offences

are triable by Magistrate. The learned counsel for the applicant further submitted that the applicant undertakes that he will pay Rs.1,03,500/- to the

informant within a week from the date of his release on bail.

The learned counsel appearing for the State 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. 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 Chandan Bhardwaj 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.