Tushar & Others vs State Of Uttarakhand

Alok Kumar Verma, J

These two Bail Applications have been filed for grant of regular bail in connection with the Case Crime No.1149 of 2022, registered at police station Bhagwanpur, District Haridwar. Applicants are in judicial custody under Sections 395, 396, 412 and Section 120 B of the Indian Penal Code, 1860.

These two Bail Applications have arisen from one crime no. i.e. Case Crime No.1149 of 2022, therefore, these two Bail Applications are being considered and decided by this common order. Record of First Bail Application No.837 of 2023 will be leading file.

As per prosecution’s case, when informant-Mayank Kumar was going by e-rickshaw along with Prabhakar Behra after withdrawing money from SBI Branch, Roorkee on 09.12.2022, some unknown persons stabbed him and Prabhakar Behra and looted his money. Prabhakar Behra died during the investigation. On 22.12.2022, applicant-Tushar was arrested and one pistol 315 bore and one hollow cartridge 315 bore were recovered from his possession. On 23.12.2022, looted amount Rs.1,20,000/- (Rupees one lakh twenty thousand) was recovered at the pointing out of the applicant-Tushar. On 18.12.2022, one pistol 315 bore, live one cartridge 315 bore and looted Rs.1,00,000/- were recovered from the possession of the applicant-Antim. He was arrested. After completion of the investigation, charge-sheet has been filed.

Both, Mr. Deep Chandra Joshi, Advocate and Mr. Mohd. Safdar, Advocate, contended that the applicants have been falsely implicated in the matter. The names of applicants came to light in the confessional statement of Krishna Pal alias Krishan Pal and Rohit Kashyap. Nothing was recovered from their possession. The said alleged recoveries were planted. Test Identification Parade has not been conducted. Applicants have not been convicted by any Court. Applicant-Tushar is in custody since 22.12.2022. Applicant-Antim is in custody since 18.12.2022. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Co-accused persons Krishna Pal alias Krishan Pal, Rohit Kashyap and Mehtaab alias Sheru have been granted bail by this Court.

Mr. V.S. Rathore, A.G.A. has opposed the Bail Applications. However, he has fairly conceded that the Test Identification Parade has not been conducted and three co-accused persons have been granted bail by this Court.

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 the parties and in the facts and circumstances of the case, there is no reason to keep the applicants 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 applicants deserve bail at this stage.

The Bail Applications are allowed.

Let the applicant-Tushar and Antim be released on bail on their executing personal bonds and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned with the following conditions :-

i) Applicants shall attend the trial court regularly and they will not seek any unnecessary adjournment;

ii) Applicants 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 applicants misuse or violate any of the conditions, imposed upon them, prosecution will be free to move the court for cancellation of bail.

A copy of this order be placed on the record of Bail Application No.1312 of 2023.