Rohit Kashyap vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed for grant of regular bail in connection with the Case Crime No.1149 of 2022, registered at Police Station Bhagwanpur, District Haidwar for the offence under Sections 395, 396, 412 & 120B of the Indian Penal Code, 1860.

According to the First Information Report dated 09.12.2022, on 09.12.2022 at around 2-3 O’ clock, some unknown persons attacked the informant-Mayank Kumar and looted his money.

Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. S.T. Bharadwaj, learned Deputy Advocate General assisted by Mrs. Shivangi Gangwar, learned Brief Holder for the State.

Mr. Gaurav Singh, Advocate contended that the present applicant has been implicated in this matter; as per First Information Report, some unknown persons had committed the said offence, but, Test Identification Parade of the present applicant has not been conducted; nothing was recovered from the possession of the present applicant; applicant has no criminal history; he is in custody since 14.12.2022; he is a permanent resident of District Haridwar, and, charge sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Learned Deputy Advocate General appearing for the State, opposed the bail applicatio. However, he fairly conceded that no Test Identification Parade of the present applicant has been conducted; nothing was recovered from the possession of present applicant and the present applicant has no criminal history.

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, 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-Rohit Kashyap 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.