Mohd Arif 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.48 of 2022, registered with Police Station Tallital, District Nainital for the offence under Sections 379, 411 and 34 of the Indian Penal Code, 1860.

According to the present matter, in the night of 15.07.2022, 14 batteries of the vehicles were stolen. The First Information Report was lodged against unknown person. Out of the said 10 batteries, 4 batteries have been recovered at the instance of the present applicant-accused.

Heard Mrs. Sheetal Selwal, learned counsel for the applicant and Mrs. Shivangi Gangwar, learned Brief Holder for the State.

Mrs. Sheetal Selwal, learned counsel for the applicant, submitted that the applicant has been falsely implicated; he is an innocent person; the First Information Report was lodged against unknown person; nothing was recovered at the instance of the applicant; the alleged recovery was planted; the applicant has no criminal history, and, the applicant is in custody since 14.10.2022.

Learned counsel for the State 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 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, 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-Mohd. Arif 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.