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Judgment
Alok Kumar Verma, J
The applicant – Abhishek Rajput 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.
As per the respondent, a scooty (Registration No.UK06AR1929) of the informant was stolen on 21.01.2025. The First Information Report was registered on 20.02.2025 against unknown person. One stolen scooty and eleven stolen motorcycles were recovered from the possession of the present applicant and co-accused persons. The said vehicles were recovered on 18.02.2025.
Heard Mr. Vikas Anand, learned counsel for the applicant and Mr. Virendra Singh Rawat, learned Assistant Government Advocate for the respondent.
Mr. Vikas Anand, Advocate, contended that the applicant has been falsely implicated by the police. The said motorcycles were not stolen by him. The alleged recovered motorcycles were not recovered from his possession. The said recoveries are false. Applicant has not been convicted. He is a permanent resident of District Nainital, and, he is in custody since 18.02.2025.
Mr. Virendra Singh Rawat, Assistant Government Advocate, 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 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, 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.