Rana Bhadra vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application under Section 439 of the Code of Criminal Procedure, 1973 has been filed for grant of regular bail in respect of the First Information Report No.191 of 2018, registered at police station Kotwali Haridwar, District Haridwar under Section 420 of the Indian Penal Code, 1860.

Informant/victim filed an Application under Section 156(3) of the Code Criminal Procedure, 1973 before the concerned Magistrate alleging that the present applicant is a Director of Vibgyor Group of Company. The Head Office and Registered Office of this Company are in Kolkata. Present applicant, CMD (co-accused) and other Directors of this Company (co-accused persons) had opened an Office of the said Company in Haridwar about four years back. They took money from the applicant and other persons by luring them with job and other benefits, but, by not returning their money even after maturity, they grabbed crores of rupees. First Information Report was registered on 05.04.2018, against the applicant and other co-accused persons.

Heard Mr. Sanpreet Singh Ajmani, learned counsel for applicant through video conferencing and Mrs. Manisha Rana Singh, learned A.G.A. for State.

Mr. Sanpreet Singh Ajmani, Advocate, contended that applicant has been falsely implicated in the present matter. He had tendered his resignation, which was accepted w.e.f. 07.10.2013. He holds no post or position in any other company. He is in custody since 07.03.2020, and, charge has not been framed yet.

On the other hand, Mrs. Manisha Rana Singh, A.G.A., has opposed the bail application. However, she has submitted that charge has not been framed yet.

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, 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- Rana Bhadra 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.

(iii) Applicant shall not leave the country without prior permission of the court concerned.

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.