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Judgment
22 paragraphs · 384 wordsAlok 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 F.I.R.
No.495 of 2021, registered with Police Station Jhabrera, District Haridwar for the offence punishable under Sections 379 and 411 of the I.P.C.
According to the FIR dated 08.10.2021, one motorcycle of the informant was stolen. The FIR was lodged against the unknown persons. During the
investigation, the motorcycle was recovered from the possession of the present applicant.
Heard Mr. Parikshit Saini, the learned counsel holding brief of Mr. Mohd. Safdar, the learned counsel for the applicant and Mr. Rohit Dhyani, the
learned Brief Holder for the State.
Mr. Parikshit Saini, the learned counsel appearing for the applicant, submitted that the applicant is an innocent person; he has been falsely
implicated; the alleged motorcycle was not recovered from the possession of the applicant; the applicant is in custody since 23.10.2021; the applicant
has no criminal history; the said offences are triable by Magistrate and the charge-sheet has already been filed, therefore, there is no chance of
tampering with the evidence.
Mr. Rohit Dhyani, the learned Brief Holder appearing for the State, opposed the bail application. However, he fairly conceded that the applicant has
not been convicted in any offence.
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 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 Yogesh Saini 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.