Jasvinder Singh Alias Bindar vs State Of Uttarakhand

Alok Kumar Verma, J

This First Bail Application has been filed for grant of regular bail in connection with FIR No.209 of 2019, registered with Police Station Khatima,

District Udham Singh Nagar for the offences punishable under Sections 366 read with 34, 370(3) read with 34, 420 read with 511 and 120-B of the

Indian Penal Code, 1860.

The informant, Sub-Inspector Smt. Manju Pandey, Incharge of Anti Human Trafficking, Banbassa, District Champawat lodged an FIR on

27.08.2019 against six named persons alleging therein that an information was received by the Anti Human Trafficking Unit that there was a gang,

headed by one Manjeet alias Sardarni and one Ranjeet was the active member of the said Gang. The police team prepared a trap team. On

26.08.2019, six co-accused persons as well as two victims were caught by the police, whereas three persons ran away including the present applicant.

Heard Mr. Lalit Sharma, learned counsel for the applicant/accused and Mrs. Manisha Rana Singh, learned A.G.A. for the State of Uttarakhand.

Learned counsel for the applicant/accused submits that the applicant is an innocent person; the applicant is not named in the FIR; the name of

present applicant came into the light on the basis of statement of one alleged victim; the story developed by the prosecution is absolutely false; the

applicant is not arrested from the spot; the applicant was arrested on 19.11.2019 from his house and implicated in the alleged crime; co-accused

Kashmeer Singh, Reshma and Paramjeet Kaur, who are named in the FIR, had been directed to be release on bail by this Court; the applicant is

entitled to be released on bail on the ground of parity; the applicant is in custody since 19.11.2019; the applicant has no criminal history.

The learned A.G.A. appearing for the State opposed the bail application, however, she concedes that the case of the applicant is based on the

ground of parity.

The bail is the rule and committal to jail is an exception. Refusal of the bail is a restriction on the personal liberty of the individual guaranteed under

Article 21 of the Constitution of India. The personal liberty is very precious fundamental right and it should be curtailed only when it becomes

imperative according to the facts and circumstances of the case.

The applicant is in custody since 19.11.2019. In the facts and circumstances of this case, there is no reason to keep the applicant behind the bars

for an indefinite period.

Considering 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 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 concerned Court.