Rohit Soni vs State Of Uttarakhand

Alok Kumar Verma, J

The applicant - Rohit Soni is in judicial custody for the offence punishable under Section 318(4) and Section 111 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.254 of 2025, registered at Police Station Rudrapur, District Udham Singh Nagar.

According to the First Information Report dated 29.05.2025, the informant had an account in the State Bank of India, Branch Rudrapur, District Udham Singh Nagar. A sum of Rs.54,999.99 was withdrawn from his account by unknown persons.

Heard Dr. Kartikey Hari Gupta, learned counsel for applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent.

Dr. Kartikey Hari Gupta, Advocate, has submitted that the co-accused Vishuraj Maurya alias Vyom Maurya and co-accused Ritik were arrested by the police. The name of the present applicant has come to light in the statements of the arrested persons. Applicant is not a convicted person. He is a permanent resident of District Gwalior, Madhya Pradesh, therefore, there is no possibility of his absconding. Sheru alias Shalendra Chauhan, the co-accused of similar role, has already been granted regular bail by this Court in the First Bail Application No.1490 of 2025, and, the applicant is in custody since 28.08.2025.

Mr. Tumul Nainwal, Assistant Government Advocate, has opposed the bail application orally. However, he submitted on instruction that no money was transferred in the bank account of the applicant.

Bail is the rule and the 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 persons in detention during the investigation 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, without expressing any opinion as to the merits 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 Soni 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.