Furkan vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.969 of 2022, registered at Kotwali Laksar, District Haridwar.

Applicant is in judicial custody under Sections 352, 398, 511, 452 and Section 120B of the Indian Penal Code, 1860.

The case of the prosecution is that on 06.10.2022 at around 08:00 p.m., when the daughter-in-law of the informant went inside her house, 5 - 6 masked miscreants tried to enter her house with weapons. Daughter-in-law of the informant quickly closed the door from inside.

Heard Mr. Pranav Singh, learned counsel for the applicant and Mr. Akshay Latwal, learned Brief Holder for the State.

Mr. Pranav Singh, Advocate, contended that the applicant was not named in the First Information Report. He was not present at the spot. His name has come to light in the confessional statement of the co-accused Naushad. Nothing was recovered from his possession. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant is a permanent resident of District Saharanpur, therefore, there is no likelihood of his absconding. He is in custody since 02.07.2023. He is not a previous convict, and, co-accused persons of similar role have already been granted bail by this Court.

Learned counsel for the State has opposed the bail application. However, he has conceded that the name of the applicant has come to light in the confessional statement of the co-accused, namely, Naushad, and, co-accused persons of similar role have already been granted bail by this Court.

The object of keeping the accused person in detention during the 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, no reason is found 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 – Furkan 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 with the following conditions :-

i) Applicant shall attend the Trial Court regularly and he shall not seek any unnecessary adjournment;

ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, prosecution agency will be free to move the court for cancellation of bail.