Vijaypal 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 FIR/Case

Crime No.521 of 2020, registered with Police Station-Laksar, District Haridwar for the offence punishable under Sections 147, 148, 149, 452, 307, 504,

506 of the IPC.

Heard Mr. Rajveer Singh, learned counsel for the applicant and Mr. Rohit Dhyani, learned Brief Holder for the State.

Learned counsel appearing for the applicant submitted that the applicant has been falsely implicated; he is a resident of District Haridwar; he has no

criminal history; he is in custody since 07.09.2020; charge sheet has already been submitted in the matter and co-accused persons of similar role have

already been granted bail by the Co-ordinate Bench of this High Court.

Learned Brief Holder opposed the bail application, however, he fairly concedes that the applicant has no criminal history and co-accused persons of

similar role have been granted bail by the Co-ordinate Bench.

Bail is the rule and the 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, 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 - Vijaypal 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.