Ram Kumar 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 Case Crime No. 12 of 2023, registered at police station Kankhal, District Haridwar.

Present applicant-Ram Kumar is in judicial custody under Sections 409, 411, 420, 120B of the Indian Penal Code, 1860, Section 9, Section 10 of the Uttar Pradesh Public Examinations (Prevention of Unfair Means) Act, 1998 (as applicable in the State of Uttarakhand), Section 8 and Section 12 of the Prevention of Corruption Act, 1988.

Mr. Pranav Singh, Advocate contended that the applicant has been falsely implicated in the present matter. Four co-accused persons of the similar role have been granted regular bail by this Court. Applicant is not a previous convict. He is a permanent resident of District Haridwar, therefore, there is no likelihood of his absconding. He is in judicial custody since 14.01.2023. Charge-sheet has already been filed.

Ms. Manisha Bhandari, Special Counsel for the State, has opposed the bail application orally. However, she has submitted that four co-accused persons of the similar role have been granted regular bail by this Court

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, no reason is found 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 – Ram Kumar be released on bail on his executing 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.

(iii) Applicant shall not leave the country without the previous permission of the Trial Court.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the court for cancellation of bail.