Gaurav Singh Bisht vs State Of Uttarakhand

Alok Kumar Verma, J

The applicant – Gaurav Singh Bisht is in judicial custody for the offence punishable under Sections 307, 504 and Section 506 of the Indian Penal Code, 1860 in Case Crime No.39 of 2023, registered at Police Station Mukteshwar, District Nainital.

According to the First Information Report dated 02.09.2023, Shri Badri Dutt Pandey, aged about 71 years, the father of the informant, was hospitalized on 22.08.2023. The informant had an information that his father sustained injuries due to a fall but Rajendra Paudiyal told him that his father was beaten by Gaurav Bisht (applicant) and Kamal Gaur alias Kammo.

Heard Mr. Bhuwan Bhatt, learned counsel for the applicant and Mr. Chitrarth Kandpal, learned Brief Holder for the respondent.

Mr. Bhuwan Bhatt, Advocate, appearing for the applicant, contended that the applicant was not involved in the said offences. According to the prosecution witness Rajendra Kumar Paudiyal (PW2), Gaurav Singh Bisht and Kammo beat the father of the informant. But as per the Medical/Supplementary report of the injured, the injured went to Sushila Tiwari Hospital with a history of road traffic accident. Kamal Gaur alias Kammo, the co-accused of similar role, has been granted regular bail by learned Sessions Judge, Nainital on 07.06.2024. Applicant has not been convicted by any court. He is a permanent resident of District Nainital, therefore, there is no possibility of his absconding, and, he is in custody since 20.05.2024.

Mr. Chitrarth Kandpal, Brief Holder for the respondent 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 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 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 – Gaurav Singh Bisht 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.