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Judgment
10 paragraphs · 386 wordsAlok Kumar Verma, J
The applicant – Satyapal Singh alias Satpal 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 A sum of Rs.54,999.99 was withdrawn from his account by unknown persons.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 Ms. Geetanjali Dhami, learned counsel for applicant and Mr. Sandeep Sharma, learned Assistant Government Advocate for the respondent.
Ms. Geetajali Dhami, Advocate, contended that the applicant is not named in the First Information Report. One co-accused Manoj Saini was arrested by the police. The name of the present applicant has come to light in the statements of the co-accused Manoj Saini. Applicant has not received any amount. He is not a convicted person. He is a permanent resident of District Moradabad, Uttar Pradesh, therefore, there is no possibility of his absconding. Co-accused Vishuraj alias Vyom Maurya and Poras Kumar alias Pushpendra have already been granted regular bail by this Court, and, applicant is in judicial custody since 06.06.2025.
Mr. Sandeep Sharma, Assistant Government Advocate, 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- Satyapal Singh alias Satpal 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.
