Gaurav Negi Alias Akku Thakur 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.128 of 2023, registered at police station Haldwani, District Nainital.

Present Applicant is in judicial custody under Sections 147, 148, 149, 323, 427, 506, 364 read with Section 511 of the Indian Penal Code, 1860 and Section 25 of the Arms Act, 1959.

The case of the prosecution is that on 13.03.2023, the present applicant along with co-accused persons surrounded the informant’s son and his nephew with sticks and country made pistol, beat them, attempted to abduct them and damaged his son’s motorcycle and a mobile phone. A country made pistol was recovered from the possession of the present applicant. Upon the conclusion of the investigation, a charge-sheet was filed.

Heard Mr. Dinesh Chandra Joshi, learned counsel for the applicant and Mr. M.K. Chand, learned A.G.A. for the State.

Mr. Dinesh Chandra Joshi, Advocate, contended that the applicant is an innocent person. He has been falsely implicated in the present matter. No specific role has been assigned to the applicant. Injuries suffered by injured person are of simple in nature. Applicant is in custody since 23.03.2023. He is a permanent resident of District Nainital, therefore, there is no possibility of his absconding. He is not a previous convict. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, three co-accused, namely, Saurabh Singh Rajput, Rahul Sorari and Rohit Arya have been granted bail by this Court.

Mr. M.K. Chand, A.G.A. has 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 trial is not punishment. The main purpose is manifestly to secure the attendance of the accused.

Having considered the submission 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- Gaurav Negi alias Akku Thakur 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, the prosecution agency will be free to move the court for cancellation of bail.