AI Structured Summary
Not yet generated for this judgment
Judgment
Alok Kumar Verma, J
Present Bail Application has been filed for grant of regular bail in connection with the First Information Report No.248 of 2023, register at police station Haldwani, District Nainital under Sections 147, 186, 332, 353, 212, 225, 504, 341 and Section 342 of the Indian Penal Code, 1860.
As per allegations of the First Information Report, on 14.05.2023, the present applicants along with the co-accused persons assaulted Constable Mohan Kirola in order to attempt to rescue the accused – Razzak from police custody and prevented the police from discharging their duties.
Heard Mr. Lalit Sharma, learned counsel for applicants and Mr. V.S. Rathore, learned A.G.A. for the State.
Learned counsel for the applicants contended that the applicants are innocent persons; on the alleged date of incident, some persons who were not wearing the uniform of police forcefully entered into the house of the applicants and enquired about one Tanya. When the applicants told the said persons that they do not know Tanya, the said persons committed marpeet with them; applicants have no criminal history; applicants are permanent resident of District Nainital and they are in custody since 15.05.2023.
On the other hand, learned counsel for the State has opposed the bail application. However, he conceded that on the date of incident, the police party were not in uniform.
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, there is no reason to keep the applicants 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 applicants deserve bail at this stage.
The Bail Application is allowed.
Let the applicants – Mohd. Asim Raza, Isan Raza Alias Hasan Raza and Asad Raza be released on bail on their 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) Applicants shall make themselves available for interrogation by the Investigating Officer as and when requires;
ii) Applicants 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 applicants misuse or violate any of the conditions, imposed upon them, Investigating Officer will be free to move the court for cancellation of bail.