Khursheed Alam vs State Of Uttarakhand

Alok Kumar Verma, J

The present 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.110 of 2023, registered at Kotwali Laksar, District Haridwar.

The present applicant is in judicial custody under Sections 420, 467, 468, 471 and Section 34 of the Indian Penal Code, 1860.

As per the prosecution’s case, a sum of Rs.02,50,000/-was received by the co-accused Abdul Qadir from the informant in the name of providing a job to him (informant). The First Information Report was registered against the present applicant and co-accused Abdul Qadir. A raid was conducted by the police party after confessional statement of the co-accused Abdul Qadir and several forged appointment letters and forged training certificates were recovered from the office of the present applicant and co-accused persons. Upon conclusion of the investigation, charge-sheet was filed.

Heard Mr. Pranav Singh, learned counsel for the applicant and Mr. Pratiroop Pandey, learned AGA for the State.

Mr. Pranav Singh, Advocate, contended that the applicant has been falsely implicated in the present matter. The name of the applicant has come to light in the confessional statement of the co-accused Abdul Qadir. Nothing was recovered from his possession. He is in custody since 31.01.2023. He is not a previous convict. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, a co-accused Dinesh Dogra was granted bail by this Court.

Mr. Pratiroop Pandey, AGA, for the State has opposed the bail application. However, he has submitted that the applicant is not a previous convict.

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.

The 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.