Sukhdev Singh Bajwa vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application under Section 439 of the Code of Criminal Procedure, 1973 has been filed for grant of regular bail in connection with First Information Report No. 631 of 2022, registered at police station Kashipur District Udham Singh Nagar under Section 302 and Section 120B of the Indian Penal Code, 1860.

On 13.10.2022 at around 08.20 a.m., informant’s uncle Mahal Singh was reading the newspaper at his house. Two unknown persons came on a motorcycle and fired, due to which, Mahal Singh died on the spot. Six-seven days before this incident, Mahal Singh received a phone call from Harjeet Singh from Canada. He was demanding money from Mahal Singh. He (Harjeet Singh) had threatened to kill him (Mahal Singh) for not giving the money. FIR was registered on 13.10.2022 at 23:09 hrs against Harjeet Singh. After completion of the investigation, charge-sheet has been filed against the applicant and co-accused persons.

Heard Mr. S.R.S. Gill, learned counsel for the applicant, Mr. Pramod Tiwari, learned Brief Holder for the State and Mr. Aditya Singh, learned counsel for the informant/victim.

Mr. S.R.S. Gill, Advocate, contended that applicant is not named in the First Information Report. He has been falsely implicated in the matter only on the basis of the statement of co-accused Prabhujot Singh alias Pannu. Apart from the statements of the co-accused persons, there is no other evidence against the present applicant. Applicant had no motive to commit the said offence.

Learned counsel appearing for the State has opposed the bail application. He has submitted that the name of the present applicant came into light in the statements of the co-accused Prabhujot Singh alias Pannu and other co-accused persons. The motorcycle, which was used in the offence, was given by the present applicant to the co-accused Manpreet Singh and Sadhu Singh. However, he fairly submitted that the present applicant has never been the owner of the said motorcycle, which was recovered at the instance of the co-accused Manpreet Singh and Sadhu Singh. He further submitted that at the time of the incident, Prabhujot Singh alias Pannu was the owner of the said motorcycle.

Mr. Aditya Singh, Advocate, has opposed the bail application. He contended that in exercise of the powers conferred by clause (a) of sub-section (1) of Section 35 of the Unlawful Activities (Prevention) Act, 1967, the Central Government has inserted the name of the co-accused Arshdeep Singh Gill alias Arsh Dala in the Fourth Schedule to the said Act.

At this stage, Mr. Pramod Tiwari, learned counsel appearing for the State and Mr. Aditya Singh, learned counsel for the informant/victim have not been able to draw the attention of the Court towards any such prima facie evidence that the present applicant had any relation with the co-accused Arshdeep Singh Gill alias Arsh Dala or any other co-accused persons.

Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant is a permanent resident of District Udham Singh Nagar, therefore, there is no likelihood of applicant absconding as well. He is in custody since 18.10.2022. There is nothing on record to indicate that the applicant had earlier been involved in any unacceptable activities.

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 – Sukhdev Singh Bajwa 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) Applicant shall attend the trial court regularly and he will not seek any unnecessary adjournment;

ii) 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, prosecution will be free to move the court for cancellation of his bail.