Ajit Khokhar vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.91 of 2023, registered at police station S.I.D.C.U.L., District Haridwar. Applicant is in judicial custody under Sections 386, 506, 380, 427 and Section 120B of the Indian Penal Code, 1860.

The case of the prosecution against the present applicant is that a SIM card of a mobile phone was provided by the present applicant to the co-accused, who was in jail.

Heard Mr. A.S. Rawat, learned Senior Advocate assisted by Mr. Girveer Chand, learned counsel for the applicant and Mr. Pramod Tiwari, learned Brief Holder for the State.

Mr. A.S. Rawat, Senior Advocate, contended that the applicant has been falsely implicated in the present matter. Mr. Pradeep Kumar Rana, Inspector, S.T.F./Investigating Officer has filed his affidavit dated 29.08.2023. According to the Investigating Officer, apart from the confessional statement of the present applicant, there is no evidence available against the applicant with regard to the jail visit with the SIM card. Applicant is a permanent resident of District Muzaffarnagar, therefore, there is no possibility of his absconding. He is not a previous convict. Charge-sheet has been filed, therefore, there is no chance of tampering with the evidence.

Mr. Pramod Tiwari, learned Brief Holder for the State, has opposed the bail application. However, he has fairly conceded that apart from the confessional statement there is no positive evidence against the applicant and the charge-sheet has been filed.

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 – Ajit Khokhar 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 with the following conditions :-

i) Applicant shall attend the trial court regularly and he will not seek any unnecessary adjournment;

ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, Prosecution will be free to move the court for cancellation of bail.