Mahkar Singh Nagar vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed for grant of regular bail in connection with F.I.R. No.272 of 2021, registered at police station I.T.I., District Udham Singh Nagar under Section 420 of the Indian Penal Code, 1860.

As per the allegations of the First Information Report, Purl-Plus Infra Venture Ltd. was a company. Present applicant and two other persons were the directors of the said company. The said company had launched a scheme of five plans in which the informant had deposited Rs.8100/- and his wife had deposited Rs.10,000/-. Others had also deposited money. The said company closed its office without returning their money.

Heard Mr. M.K. Ray, learned counsel for applicant and Mr. Pramod Tiwari, learned Brief Holder for the State.

Mr. M.K. Ray, Advocate contended that the said company was not established by the present applicant; present applicant was the employee of the said company; he is an innocent person; he has not cheated anyone; the alleged amount, deposited by the applicant and others, had never been received by him; applicant was not the beneficiary of the alleged deposited amount; present case is triable by the Magistrate; applicant is in custody since 20.09.2021 and charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Learned counsel appearing for the State has opposed the bail application.

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 submission 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-Mahkar Singh Nagar 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 with the following conditions :-

i) Applicant shall attend the trial court regularly and he will 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, prosecution will be free to move the court for cancellation of bail.