Vishal Alias Bhura vs State Of Uttarakhand

Alok Kumar Verma, J

The applicant – Vishal alias Bhura is in judicial custody for the offence punishable under Section 109, 118(2), 351(3) and Section 352 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.24 of 2025, registered at Kotwali Jhabrera, District Haridwar.

The First Bail Application (BA1 No.630 of 2025) was dismissed on 10.11.2025 as withdrawn.

As per the respondent, the applicant and others beat the informant, his son, his brother and his nephew on 28.01.2025, in which they sustained injuries.

Heard Mr. Rajveer Singh, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent.

Mr. Rajveer Singh, Advocate, submitted that the applicant was not involved in the said offences. The informant Jawahar Singh (PW1), the alleged injured Mintu Kumar (PW2) and the alleged injured Rahul Kumar (PW3) have not supported the case of the prosecution. Applicant is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. He is in custody since 30.01.2025, and, Rajkumar, the co-accused of the similar role, has already been granted regular bail by this Court on 11.12.2025.

Mr. Pradeep Lohani, Brief Holder for the respondent 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 in detention during the investigation or 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, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, 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 – Vishal alias Bhura 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.