Naushad 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 in connection with the First Information Report No.969 of 2022, registered at police station Laksar, District Haridwar. Applicant is in judicial custody under Sections 398, 352, 452, 511 and Section 120B of the Indian Penal Code, 1860.

As per the First Information Report dated 07.10.2022, on 06.10.2022 at around 08.00 p.m., the daughter-in-law of the informant went inside her house, at the same time, 5-6 masked miscreants tried to enter her house with weapons. The daughter-in-law of the informant quickly closed the door from inside.

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

Mr. Lalit Sharma, Advocate, contended that the applicant was not present at the spot. His name has come to light in the confessional statements of the co-accused persons, Shakil, Munawwar alias Monu and Adnan. Applicant has been falsely implicated by the co-accused persons. Nothing was recovered from his possession. He is in custody since 14.11.2022. He is a permanent resident of District Meerut, therefore, there is no possibility of his absconding. He is not a previous convict, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Mrs. Manisha Rana Singh, A.G.A. for the State has opposed the bail application. However, she has submitted that the name of the applicant has come to light in the confessional statements of the co-accused persons.

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, 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 – Naushad 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.