Virat Sharma & Others vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed for grant of regular bail in respect of First Information Report No.181 of 2022, registered at police station Bazpur, District Udham Singh Nagar under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (as applicable in the State of Uttarakhand).

Heard Mr. R.P. Nautiyal, learned Senior Advocate assisted by Mr. Suhail Ahmed Siddiqui and Mr. Lalit Sharma, learned counsel for the applicants and Mr. Lalit Miglani, learned AGA for the State.

As per Gang Chart, one FIR against the present applicants was registered along with other eleven co-accused persons (FIR No.172 of 2022 under Sections 147, 148, 149, 323, 307, 384, 395, 449, 504 and 506 of the Indian Penal Code, 1860. According to the Gang Chart, co-accused Avinash Sharma is a gang leader.

This fact is not disputed that co-accused Avinash Sharma has been granted bail by learned IInd Additional District and Sessions Judge, District Udham Singh Nagar on 08.05.2023.

Learned Senior Advocate for the applicants contended that applicants are on bail in the said FIR No.172 of 2022. They are permanent resident of District Udham Singh Nagar, therefore, there is no apprehension of their absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

On the other hand, learned counsel for the State has opposed the bail application orally.

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 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 Application is allowed.

Let the applicants – Virat Sharma and Kunal Goyal Alias Kunnu/ Kannul Goyal be released on bail on their executing personal bond 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 their bail.