Wasim Alias Haseen 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. 406 of 2022, registered with Police Station Bhagwanpur, District Haridwar for the offence under Sections 380 and 454 of IPC.

According to the allegations of the First Information Report dated 16.05.2022, on 13.05.2022, jewellery of the informant was stolen. The First Information Report was registered against the unknown person.

Heard Mr. Bilal Ahmed, learned counsel for the applicant and Mr. S.T. Bhardwaj, learned Deputy Advocate General for the State.

The learned counsel for the applicant submitted that the applicant has been implicated in this matter; the applicant has no criminal history; he is in custody since 22.06.2022, and, he is a permanent resident of District Haridwar.

The learned counsel for the State 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 investigation 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-Wasim alias Haseen 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.