Rohit Arya vs State Of Uttarakhand

Alok Kumar Verma, J

This 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. 128 of 2023, registered at police station Haldwani, District Nainital.

Present applicant is in judicial custody under Sections 147, 148, 149, 323, 307, 34, 364 read with Section 511, 427 and Section 506 of the Indian Penal Code, 1860.

As per the prosecution’s case, on 13.03.2023, applicant along with co-accused persons surrounded the informant’s son and his nephew with sticks and country made pistol, beat them, attempted to abduct them and damaged his son’s motorcycle and a mobile phone. After conclusion of the investigation, charge-sheet was filed.

Heard Mr. S.R.S. Gill, learned counsel for the applicant and Mr. Rakesh Negi, learned Brief Holder for the State.

Mr. S.R.S. Gill, Advocate, contended that the applicant is an innocent person. He has been falsely implicated in the present matter. No specific role has been assigned to the applicant. There was no motive or intention of the applicant to commit the alleged offence. The injuries received by the injured persons are of simple in nature. The weapon used in commission of alleged offence was recovered from the possession of the co-accused Gaurav Negi alias Akku Thakur. Applicant is not a previous convict. He is a permanent resident of District Nainital, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant is in custody since 15.03.2023, and, one co-accused of similar role, namely, Rahul Sorari, has been granted bail by this Court.

Mr. Rakesh Negi, learned Brief Holder, has opposed the bail application. However, he has conceded that the weapon used in commission of crime was recovered from the possession of the co-accused Gaurav Negi alias Akku Thakur and the injuries, suffered by the injured persons, are of simple in nature, and, a co-accused of the similar role, namely, Rahul Sorari, has been granted 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 submission 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- Rohit Arya 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 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.

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.