Hasan Abbas Jaidi & Others vs State Of Uttarakhand

Alok Kumar Verma, J

The applicants are in judicial custody for the offence punishable under Section 111(2)(b) and Section 351(2) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No. 415 of 2025, registered at Kotwali Gangnahar, District Haridwar.

In short, the allegations in the First Information Report dated 27.08.2025 are that the co-accused persons created a fake power of attorney deed and showed that the said deed was executed by one Rekha. Sale-deed of two plots was executed on the basis of the said forged power of attorney deed.

Heard Mr. Gaurav Singh, learned counsel for the applicants and Mr. Chitrarth Kandpal, learned Brief Holder for the respondent.

Mr. Gaurav Singh, Advocate contended that the applicants are not named in the First Information Report. They are not the member of any Gang. They did not threaten to anyone. There is no other criminal case registered against them. Therefore, Section 111(1) of the Bharatiya Nyaya Sanhita, 2023 is not attracted. Applicant no.1 is a permanent resident of District Meerut, Uttar Pradesh and applicant no.2 is a permanent resident of District Haridwar, therefore, there is no possibility of their absconding, and, they are in judicial custody since 16.09.2025.

Mr. Chitrarth Kandpal, Brief Holder, has opposed the bail application orally. However, he submitted on instructions that there is no other criminal case registered against the applicants.

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 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, 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 applicants, Hasan Abbas Jaidi and Sher Singh be released on bail on their executing personal bonds and furnishing two reliable sureties, each in the like amount, by each one of them, to the satisfaction of the court concerned.