Sagar vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The Applicant – Sagar is in custody for the offence punishable under Section 309(4) and Section 317(2) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.743 of 2025, registered at Police Station Manglaur, District Haridwar.

According to the respondent, on 10.11.2025, at around 09:30 p.m., four unknown persons beat the informant and snatched his bag, which contained laptop, mobile phone (Samsung Galaxy), keypad, mobile (Airtel), Rs.2500/-, ATM card, Credit card and Company ID card. The First Information Report was registered on 11.11.2025. Out of the looted amount, Rs.1000/- was recovered from the possession of the applicant.

Heard Ms. Arushi Batra, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondents.

Ms. Arushi Batra, Advocate, for the applicant, has contended that the applicant is an innocent person. He was not involved in the said offence. There was no independent witness at the time of the alleged recovery. Applicant has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, Rahul, the co-accused of similar role, has already been granted bail by this Court in First Bail Application No.2493 of 2025.

Mr. Pradeep Lohani, Brief Holder, has opposed the bail application.

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 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, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, 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 – Sagar 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.