Gaurav 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 Case Crime No.344 of 2022, registered with Police Station Bhagwanpur, District Haridwar for the offence under Sections 379 and 411 of IPC.

According to the First Information Report, one truck No.UK06CA9234 was stolen on 24.04.2022. The First Information Report was lodged against the present applicant along with a co-accused. On 25.04.2022, the said truck was recovered from the possession of the applicant.

Heard Mr. Bilal Ahmed, the learned counsel for the applicant and Mr. V.S. Rathore, learned AGA assisted by Mr. Sachin Panwar, the learned Brief Holder for the State.

The learned counsel for the applicant submitted that the applicant has been implicated in this matter; nothing was recovered from his possession; he has no criminal history and he is in custody since 25.04.2022.

The learned counsel for the State opposed the bail application.

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 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-Gaurav 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.