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Judgment
Alok Kumar Verma, J
Applicant-Harpreet Singh is in judicial custody for the offence punishable under Sections 115(2), 125, 126(2), 140(2) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.131 of 2025, registered at Police Station Bhagwanpur, District Haridwar.
According to the First Information Report dated 16.04.2025, on 15.04.2025, the co-accused Sahib hit the informant’s scooter with his motorcycle. The informant fell to the ground. At the same time, three unknown persons came by a car and put him in their car. They wanted to extort money from him. When passers-by arrived, they threw him and ran towards the forest.
Heard Mr. Amit Kapri, learned counsel for the applicant and Mr. Pratiroop Pandey, learned Assistant Government Advocate for the respondent.
Mr. Amit Kapri, Advocate submitted that the name of the applicant has not been mentioned in the First Information Report. Delay in lodging the First Information Report creates serious doubt. Applicant was not present on the spot. He was not involved in the said offence. He was arrested on 17.04.2025. He has no criminal antecedents. He is a permanent resident of District Mansa (Punjab), therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.
Mr. Pratiroop Pandey, Assistant Government Advocate 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 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, 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 – Harpreet Singh 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.