Rupa Devi vs State Of Uttarakhand

Alok Kumar Verma, J

This bail application has been filed under Section 439 of the Code of Criminal Procedure, 1973, for grant of regular bail in connection with FIR No.24 of 2021, registered with Police Station Rani Pokhri, District Dehradun for the offence under Sections 307, 323, 325, 504, 506 read with Section 34 of the IPC.

Heard Mr. Vaibhav Singh Chauhan, the learned counsel appearing for the applicant, Mr. Pratiroop Pandey, the learned AGA for the State and Mr. Aditya Singh, the learned counsel for the victim.

According to the First Information Report, on 02.06.2021 the present applicant along with the co-accused persons assaulted the injured persons.

Mr. Vaibhav Singh Chauhan, learned counsel for the applicant, submitted that the applicant Smt. Rupa Devi, aged about 52 years, has been falsely implicated in this matter; this is cross case of FIR No.23 of 2021; the applicant herself had received injuries; the applicant is a permanent resident of District Dehradun; she is in custody since 23.11.2021 and charge-sheet has already been filed, therefore, there is no chance for tampering with the evidence.

Mr. Pratiroop Pandey, learned AGA for the State and Mr. Aditya Singh, learned counsel for the victim opposed bail application, however, they fairly conceded that the injured of this matter also lodged the First Information Report on the same day i.e. on 02.06.2021. However, Mr. Aditya Singh, learned counsel for the victim submitted that the present matter is not a cross case.

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 Smt. Rupa Devi be released on bail on her executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned