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Judgment
Alok Kumar Verma, J
The applicant- Ameer alias Lala is in judicial custody for the offence punishable under Section 309(6) and 317(2) of the Bharatiya Nyaya Sanhita, 2023in Case Crime No. 67 of 2025, registered at Kotwali Tanakpur, District Champawat.
According to the respondent, three unknown persons beat the informant at about 9:30 p.m. on 16.06.2025, snatched his mobile phone Vivo (SIM No. 9634495322) and looted his ATM card, Voter ID card, Aadhar card and Rs. 8,000/-. The First Information Report was registered on 17.06.2025. The said Vivo mobile phone and Rs. 12,00/- were recovered from the possession of the applicant.
Heard Mr. Mohd. Matloob, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent.
Mr. Mohd. Matloob, Advocate, contended that applicant was not involved in the said offence. The alleged recoveries are false. Applicant has no criminal history. He is a permanent resident of District Champawat, therefore, there is no possibility of his absconding. He is in judicial custody since 19.06.2025. According to the respondent, an ATM card of the informant and Rs. 3,000/- were recovered from the co-accused Subham Arya. He (Subham Arya) has already been granted regular bail by this Court.
Mr. Pradeep Lohani, learned Brief Holder, 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, 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- Ameer alias Lala 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.