Vikky Mandal vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail 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.178 of 2022, registered at police station Dineshpur, District Udham Singh Nagar under Sections 323, 420, 504 and Section 506 of the Indian Penal Code, 1860.

Heard Mr. Vikas Anand, learned counsel for applicant and Mr. V.S. Rathour, learned A.G.A. assisted by Ms. Sangeeta Bhardwaj, learned Brief Holder for State.

Mr. V.S. Rathour, learned A.G.A., while opposing the bail application, has submitted that the co-accused Pankaj Singh had taken money from the informant and several others persons in the name of getting jobs. Present applicant is serving in Indian Army. Co-accused Pankaj Singh had transferred a total sum of Rs.1,20,000/-(Rupees one lakh twenty thousand) in the account of the present applicant on different dates.

Mr. Vikas Anand, Advocate, contended that the applicant is Sepoy in Jat Regiment. He has been falsely implicated in the present matter. He had transferred his motorcycle to the co-accused Pankaj Singh on 31.10.2022 for Rs.1,20,000/-. In support of the said submissions, applicant has filed a copy of transferred certificate regarding his motorcycle.

Mr. Vikas Anand, Advocate, has further submitted that no amount has been deposited in the account of the applicant by any of the alleged victims. Applicant has no criminal history. He is in custody since 04.11.2022. The said offences are triable by Magistrate, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Bail is the rule and jail is an exception. Personal liberty is a very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case. Applicant is a permanent resident of District Udham Singh Nagar. Therefore, there is no likelihood of applicant absconding as well. There is nothing on record to indicate that the applicant had earlier been involved in any unacceptable activity.

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- Vikky Mandal 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) Applicant shall attend the trial court regularly and he will not seek any unnecessary adjournment;

ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

iii) Applicant would surrender his passport to the court concerned.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, prosecution will be free to move the court for cancellation of bail.