Govind Singh Nayal vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the First Information Report No. 178 of 2022, registered at police station Dineshpur, District Udham Singh Nagar under Sections 323, 420, 504 and Section 506 of the Indian Penal Code, 1860.

Heard Mr. Piyush Garg, learned counsel for the applicant, Mr. M.A. Khan, learned A.G.A. for the State and perused the Case Diary, received from the Trial Court.

Opposing the bail application, Mr. M.A. Khan, learned counsel for the State, submits that co-accused Pankaj Singh had taken money from the informant and several other persons in the name of providing jobs. Co-accused Pankaj Singh had transferred a sum of Rs. 1,20,000/- in the account of the co-accused Vikky Mandal on different dates. Charge-sheet has been filed against the co-accused Vikky Mandal and Pankaj Singh. On the confessional statements of the co-accused persons, the name of the present applicant came into light. Present applicant was apprehended on 21.04.2023. Five original and five photo copies of the admit cards of eight persons in relation with Agniveer Mains Exam, Agniveer medical referral cards of two persons, two mobile phones, one army ID card, twelve debit/credit cards, Aadhar card, PAN card, one diary, twenty six cheques were recovered from his Maruti Alto Car (Registration No. UK04AB9273). He further submits that one Narayan Giri transferred a sum of Rs. 25,000/- 25,000/- to the present applicant through Google Pay on 22.10.2020.

Mr. Piyush Garg, Advocate, submits that present applicant is not named in the First Information Report. He has been falsely implicated on the basis of the confessional statements of the co-accused persons. Nothing was recovered from his possession. No independent witness was present at the time of the alleged recovery proceedings. Applicant has no criminal history. The said offences are triable by Magistrate. Applicant is a permanent resident of District Nainital, therefore, there is no chance of his absconding. The named co-accused Vikky Mandal has been granted regular bail by this Court. Applicant is in custody since 21.04.2023, and, charge sheet has already been filed, therefore, there is no chance of tampering with the evidence.

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 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- Govind Singh Nayal 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.

The case diary is being returned to the court concerned.