Kamil Hasan vs State Of Uttarakhand

Alok Kumar Verma, J

This Bail 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.770 of 2021, registered with Police Station Kotwali, Manglaur, District Haridwar for the offence under Sections 307, 452, 323, 504, 506 and 427 of IPC.

According to the First Information Report dated 19.08.2021, the present applicant along with other co-accused persons assaulted the injured persons. The injured Feroz, brother of the informant Salman, had received injuries.

Heard Ms. Pushpa Joshi, learned Senior Advocate assisted by Mr. Mohd. Safdar, learned counsel for the applicant, Mr. Pratiroop Pandey, learned AGA for the State and Mr. Gaurav Singh, learned counsel for the victim.

The learned Senior Advocate appearing for the applicant submitted that the applicant has been falsely implicated; the injured Feroz and the informant Salman have not supported the case; the applicant is a permanent resident of District Haridwar; he has no criminal history and he is in custody since 04.01.2022.

Mr. Pratiroop Pandey, learned AGA for the State and Mr. Gaurav Singh, learned counsel for the victim fairly conceded that the informant and the injured did not support the prosecution case.

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 or 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 - Kamil Hasan 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.