Ravi Srivastava Alias Bhalla vs State Of Uttarakhand

Alok Kumar Verma, J

This is the Second Bail Application, filed under Section 439 of the Code of Criminal Procedure, 1973, for grant of regular bail in connection with the First Information Report No.372 of 2018, registered with Police Station Rudrapur, District Udham Singh Nagar for the offence under Sections 307, 504, 506, 325 read with Section 34 of IPC and Section 4/25 of the Arms Act, 1959.

On 14.06.2021, the First Bail Application was dismissed as withdrawn.

Heard Mr. D.N. Sharma, learned counsel with Ms. Manju Bahuguna, learned counsel for the applicant and Ms. Shivangi Gangwar, learned Brief Holder for the State.

Mr. D.N. Sharma, learned counsel appearing for the applicant – accused submitted that according to the present matter, on 13.07.2018 the present applicant along with three other co-accused persons had assaulted the brother of the informant. He further submitted that all the co-accused persons of the similar role have been granted bail by this Court. The applicant is in custody since 22.10.2018. He is a permanent resident of District Udham Singh Nagar. The charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Even, after availing sufficient opportunity to file written objection(s) to the second bail application, written objection(s) has not been filed by the State. The learned counsel appearing for the State opposed the bail application orally.

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- Ravi Srivastava alias Bhalla 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.