Rakam Singh @ Rakma 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 Case Crime No.115 of 2013, registered at police station Kotwali Manglore, District Haridwar. Applicant is in judicial custody under Sections 147, 148, 149, 332, 333, 353, 307 of the Indian Penal Code, 1860 and Section 7 of the Criminal Law (Amendment) Act, 1932.

As per the First Information Report, on 27.03.2013, Mr. Pankaj Gairola, Station House Officer, received an information that a quarrel is taking place between two parties. He reached at the spot along with other police officers. Stones were pelted at the police party. Circle Officer of Police and other police personnel received injuries. First Information Report was registered at 19.45 hrs. on 27.03.2013. After completion of the investigation, charge-sheet has been filed.

Heard Mohd. Safdar, learned counsel for the applicant and Mrs. Pushpa Bhatt, learned D.A.G. for the State.

Mohd. Safdar, Advocate, contended that the present applicant, aged about 75 years, has been falsely implicated. He was not present at the spot. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tempering with the evidence. Applicant has no criminal history. He is in custody since 24.07.2023 and other co-accused persons have been granted bail.

On the other hand, Mrs. Puspa Bhatt, learned Deputy Advocate General for the State, has opposed the bail application orally.

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. There is nothing on record to indicate that the applicant had earlier been involved in any unacceptable activities.

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-Rakam Singh @ Rakma 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.