Saleem vs State Of Uttarakhand

Alok Kumar Verma, J

This is the third bail application. The first bail application was dismissed as withdrawn on 23.09.2020 with liberty to file afresh bail application and

the second bail application was rejected on 14.01.2021.

This third bail application has been filed for grant of regular bail in connection with FIR No.361 of 2020, registered with Police Station Kashipur,

District Udham Singh Nagar for the offence punishable under Sections 392, 506 and 411 of IPC.

According to the FIR, on 18.07.2020 at 02:05 hrs. four unknown persons entered the house of the informant Gaurav Kumar Rajput with knifes and

under threat took away various articles from his house. The FIR was registered at 18:40 hrs. on 19.07.2020, against the four unknown persons. During

the investigtion, some looted articles were recovered from the possession of the co-accused Suhaib alias Babu at the instance of the co-accused

Babu son of Bhurai Shai, some looted articles were recovered from the possession of the co-accused Tahir on the pointing out of the co-accused

Rahish and some looted articles were recovered from the possession of the co-accused Anish at the instance of the present applicant.

Heard Mr. Sanjay Kumar, the learned counsel for the applicant and Mr. V.S. Rathore, the learned A.G.A. for the State.

Mr. Sanjay Kumar, the learned counsel appearing for the applicant, submitted that the applicant has been implicated in this matter; he is an innocent

person; the alleged recovery memo was prepared on the public place, but, no independent witness was secured; no Test Identification Parade was

conducted; the co-accused persons Suhaib @ Babu, Tahir, Rahish, Babu son of Bhurai Shai and Anish have been granted bail by this High Court; the

applicant has no criminal history; he is in custody since 29.07.2020; the charge-sheet has already been filed, therefore, there is no chance of tampering

with the evidence.

Mr. V.S. Rathore, the learned A.G.A. for the State opposed the bail application, however, he fairly conceded that the co-accused persons of the

identical role have been granted bail by this High Court and the 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 submissions 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 Saleem 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) The applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

ii) The 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, the prosecution will be free to move the court for

cancellation of bail.