Yugantar Arora vs State Of Uttarakhand

Alok Kumar Verma, J

Applicant is in judicial custody for the offence punishable under Section 109(2) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.163 of 2025, registered at Police Station Patel Nagar, District Dehradun.

The First Information Report has been registered on 19.04.2025 against unknown persons.

Heard Mr. Rajat Mittal, learned counsel for the applicant and Mr. Deepak Bhardwaj, learned Brief Holder for the respondent.

Mr. Rajat Mittal, Advocate, submitted that the applicant is innocent. He was not involved in the said offence. He has no criminal antecedents. He is a permanent resident of District Saharanpur, Uttar Pradesh, therefore, there is no possibility of his absconding. Charge-sheet has been filed, therefore, there is no chance of tampering with the evidence, and, the applicant is in custody since 23.04.2025.

Mr. Deepak Bhardwaj, Brief Holder, submitted on instructions received from the Investigating Officer that the applicant did not participate in the said offence. However, he was standing at the spot. He further submitted that the applicant has no criminal antecedents.

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 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- Yugantar Arora 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.