Sushil Gujjar vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No. 91 of 2023, registered at police station SIDCUL, District Haridwar.

Applicant is in judicial custody under Sections 386, 506, 380, 427 and Section 120B of the Indian Penal Code, 1860.

The First Information Report was registered against the present applicant along with co-accused persons on the written information of the informant-Ravi Kant Malik. After conclusion of the investigation, charge-sheet was filed. Informant-Ravi Kant Malik (PW1) has been examined.

Heard Ms. Manisha Bhandari, learned counsel for the applicant and Mr. S.C. Dumka, learned A.G.A. for the State.

Ms. Manisha Bhandari, Advocate, appearing for the applicant, submits that applicant has been falsely implicated in the present matter. He is a permanent resident of District Saharanpur (Uttar Pradesh), therefore, there is no possibility of his absconding. He is not a previous convict. He is in custody since 05.03.2023, and, informant-Ravi Kant Malik has not supported the case of the prosecution and turned hostile.

On the other hand, learned counsel for the State has opposed the bail application. However, he has fairly conceded that the informant (PW1) did not support the case of the prosecution.

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- Sushil Gujjar 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.