Khursheed Alam vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail under Sections 420, 467, 468, 471, 34 and Section 120B of the Indian Penal Code, 1860 in connection with the Case Crime No. 111 of 2023, registered at police station Kotwali Laksar, District Haridwar.

Heard Mr. Pranav Singh, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned A.G.A. for the State.

Opposing the bail application, Mrs. Manisha Rana Singh, learned A.G.A. for the State submits that the case of the prosecution is that co-accused persons had received the money from the informant on the pretext of providing jobs to the informant’s daughter, nephew and one Aftab.

The First Information Report was registered against two accused persons. Co-accused Abdul Kadir was arrested. He disclosed the name and role of the applicant in his confessional statement. Therefore, a raid was conducted, in which, six monitors, four forged appointment letters and other incriminating articles were recovered from the joint possession of the applicant and the co-accused persons.

Mr. Pranav Singh, Advocate, contended that the applicant, aged about 62 years, has been falsely implicated by the co-accused and police. The alleged recovery is false and planted. Applicant did not receive any amount. He is a permanent resident of District Haridwar, therefore, there is no likelihood of his absconding. He has no criminal history. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, applicant is in custody since 21.02.2023.

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, 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.

Bail Application is allowed.

Let the applicant – Khursheed Alam 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 on the following conditions:-

i) Applicant shall attend the Trial Court regularly and he shall not seek any unnecessary adjournment;

(ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case;

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, application may be filed to cancel the bail order.