Uday Virendra Singh vs State Of Uttarakhand

Alok Kumar Verma, J

This bail application has been filed under Section 439 of the Code of Criminal Procedure, 1973, for grant of regular bail in connection with the First

Information Report No.189 of 2019, registered with Police Station Gadarpur, District Udham Singh Nagar for the offence under Sections 302 read

with Section 149, 120 B IPC and Section 3(2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The informant Nitesh Kumar lodged an FIR against the present applicant-accused along with three named co-accused and some unknown persons.

According to the First Information Report, the informant is a member of the Scheduled Caste. His father purchased a land, measuring 1.5 acres from

one Janardan Dubey, Tarkeshwar Dubey and Hari Krishna Dubey. The said land was in the possession of the informant up to the year, 2018. The

said land is lying vacant since the year, 2019. The co-accused Manoj Dubey was having enmity with the informant due to the land dispute. The co-

accused Manoj Dubey used to threaten to kill him and his two brothers. The said co-accused always abused them using caste indicating words. The

younger brother of the informant, namely, Mayank, was posted as a Constable in the Police Station Madhav Tanda, District Pilibhit, Uttar Pradesh. He

had come home on leave. On 13.08.2019, the informant and his brother Mayank went to Gadarpur for their personal work. They reached Khalsa

Dhaba for settling their land dispute. Mayank went inside the Dhaba. The informant was standing outside. He heard the sound of the gunshots. He

went inside the Dhaba and saw that his brother Mayank was lying on the ground drenched in blood. At that time, three persons had run away from

inside the Dhaba. The co-accused Manoj Dubey along with the present applicant shot and killed his brother Mayank at around 8:30 hrs.

The FIR was registered at 8:30 hrs. on 13.08.2019. After investigation, the charge-sheet has been filed.

Heard Mr. D.S. Mehta, the learned counsel appearing for the applicant, and Mr. T.C. Agarwal, the learned Deputy Advocate General with Mr.

P.S. Uniyal, the learned Brief Holder for the State through video conferencing. None is present on behalf of the informant/ victim.

Mr. D.S. Mehta, the learned counsel appearing for the applicant, submitted that the applicant has been implicated in this matter; he is an innocent

person; nothing has been recovered from him; he was not present at the spot; the applicant had no motive to commit murder of the deceased; the

informant Nitesh Kumar (PW1) did not support the prosecution case; according to the prosecution, the presence of the applicant at the spot was not

found in the CCTV footage; the applicant is in custody since 08.06.2020, the applicant is a permanent resident of District Udham Singh Nagar; he has

no criminal history; and, the co-accused Manoj Dubey has been granted bail by this Court.

Mr. T.C. Agarwal, the learned Deputy Advocate General appearing for the State, opposed the bail application. However, he fairly conceded that

the applicant has no criminal history; the informant (PW1) has not supported the prosecution case; it is true that the presence of the present applicant

at the spot was not found in the CCTV footage; and, nothing was recovered from the presence of the present applicant.

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 submission 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-Uday Virendra Singh 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) The applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

ii) The 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, the prosecution will be free to move the court for

cancellation of bail.