Sukhvinder Kaur vs State Of Uttarakhand

Alok Kumar Verma, J

The applicant-Sukhvinder Kaur has filed the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for regular bail in Case Crime No.87 of 2025, registered at Police Station Sitarganj, District Udham Singh Nagar.

The applicant is in judicial custody for the offence under Sections 310(2), 317(3), 318(4), 3(5) and Section 61(2)(a) of the Bharatiya Nyaya Sanhita, 2023.

According to the First Information Report dated 29.03.2025, the informant went to buy gold from the co-accused Smt. Kiran Kaur alias Babli on 27.03.2025. The applicant and the named co-accused persons took Rs.70,00,000/-(Rupees Seventy Lakh) from the informant and ran away from the spot.

Heard Mr. Lalit Sharma, learned counsel for applicant and Mr. Pradeep Lohani, learned Brief Holder for respondent.

Mr. Lalit Sharma, Advocate, contended that the applicant has been falsely implicated in the present matter. She was not present on the spot. A sum of Rs.4,00,000/-(Rupees Four Lakh) is shown to have been recovered from the present applicant. The said recovery is totally false. The police party had forcibly obtained the signatures of the applicant on the recovery memo. Applicant has no criminal antecedents. She is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of her absconding, and, she is in judicial custody since 10.04.2025.

Mr. Pradeep Lohani, learned Brief Holder, appearing for the State 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- Sukhvinder Kaur 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.