Abhishek Rajput vs State Of Uttarakhand

Alok Kumar Verma, J

Applicant is in judicial custody for the offence punishable under Sections 303(2), 317(2), 111 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.39 of 2025, registered at Police Station Pantnagar, District Udham Singh Nagar.

According to the respondent, a vehicle (splendor) (registration no.UK04 Y6242) of the informant was stolen on 08.02.2025. The First Information Report was registered against the unknown person on 20.02.2025. The said stolen motorcycle, 10 other motorcycles and one scooty were recovered from the possession of the present applicant and co-accused persons.

Heard Mr. Vikas Anand, learned counsel for the applicant and Mr. Chitrarth Kandpal, learned Brief Holder for the respondent.

Mr. Vikas Anand, Advocate submitted that the applicant has been falsely implicated by the police. The said motorcycles were not stolen by him. The said motorcycles were not recovered from his possession. The said recovery was planted. Applicant is a permanent resident of District Nainital, therefore, there is no possibility of his absconding, and, he is not a convicted person.

Mr. Chitrarth Kandpal, Brief Holder has opposed the bail application orally.

Bail is the rule and the 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 persons 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, 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 – Abhishek Rajput 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.