Himanshu Alias Kallu vs State Of Uttarakhand

Alok Kumar Verma, J

The applicant-Himanshu alias Kallu is in judicial custody for the offence punishable under Sections 111, 303(2) and Section 317 (5) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.686 of 2024, registered at Police Station Bhagwanpur, District Haridwar.

According to the respondent, a motorcycle (Registration No.UP11BJ6979) of the informant was stolen on 02.07.2024. The First Information Report was registered on 29.08.2024 against unknown person. Nine stolen motorcycles were recovered at the instance of the applicant and co-accused persons.

Heard Mr. Bilal Ahmed, learned counsel for applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent.

Mr. Bilal Ahmed, Advocate, contended that the applicant has been falsely implicated by the police. He was not involved in the said offences. The alleged recovered motorcycles were not stolen by him. The said recoveries were planted. There was no independent witness at the time of the alleged recovery. Applicant is not a convicted person. He is a permanent resident of District Saharanpur, Uttar Pradesh, therefore, there is no possibility of his absconding. He is in custody since 12.12.2024, and, Vivek alias Vika, a co-accused of similar role, has already been granted regular bail in the Second Bail Application No.263 of 2025.

Mr. Tumul Nainwal, Assistant Government Advocate has opposed the bail application orally.

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, 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-Himanshu alias Kallu 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.