Ganesh Singh vs State Of Uttarakhand

Alok Kumar Verma, J

This First Bail Application has been filed for grant of regular bail in connection with FIR No.127 of 2019, registered with Police Station Mukhani,

District Nainital for the offences punishable under Sections 380,411, 34 and 457 of the Indian Penal Code, 1860.

An FIR was lodged on 06.07.2019 by the informant-Vinod Singh alleging therein that on 17.06.2019, when the mother of the informant went to the

house of his sister in Dehradun and his wife & children were in Almora, some cash, jewellery and a gun were stolen by unknown persons.

Heard Mr. Rahul Adhikari, learned counsel for the applicant/accused and Mr. Saurabh Pandey, learned Brief Holder for the State of Uttarakhand.

The learned counsel for the applicant/accused submits that the applicant is an innocent person; he has been falsely implicated; there is no recovery

from his possession; the FIR was lodged belatedly; he is in custody since 08.07.2019.

The learned Brief Holder appearing for the State of Uttarakhand submits that joint recovery was made from the possession of three persons

including present applicant/accused from whom some keys, two bracelets etc. were recovered. The learned Brief Holder for the State of Uttarakhand

further submits that the copy of recovery memo is not available.

The bail is the rule and committal to jail is an exception. Refusal of the bail is a restriction on the personal liberty of the individual guaranteed under

Article 21 of the Constitution of India. The personal liberty is very precious fundamental right and it should be curtailed only when it becomes

imperative according to the facts and circumstances of the case.

The applicant is in custody since 08.07.2019. In the facts and circumstances of this case, there is no reason to keep the applicant behind the bars

for an indefinite period.

Considering 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 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 concerned Court.