Omveer Singh 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.651 of 2019, registered with Police Station Rudrapur, District Udham Singh Nagar for the offences punishable under Sections 392 & 411 of I.P.C.

An first information report was lodged on 15.12.2019 by the informant-Paritosh Kumar Saha with the averments that on 14/15.12.2019, three-four persons came to his factory, namely, Savitar Auto component Pvt. Ltd. and tied up the Guard of the factory with the bed and took away switch parts from the factory by breaking the locks of the said factory. An information was given by the Guard to the informant on telephone. The informant went at the spot. During the investigation, some switch parts were recovered from the applicant/accused on 20.12.2019.

Heard Mr. Mani Kumar learned counsel for the applicant/accused and Mr. Dinesh Chauhan, learned Brief Holder for the State of Uttarakhand.

Learned counsel for the applicant/accused submits that the applicant is an innocent person; the police has falsely implicated the applicant; the applicant is not named in the FIR; no Test Identification Parade was conducted; there is no independent witness of the alleged recovery; the applicant is in judicial custody since 21.12.2019.

The learned Brief Holder appearing for the State contends that no Test Identification Parade has been conducted. The learned Brief Holder further submits that four other criminal cases are pending against the applicant.

The learned counsel for the applicant submits that the applicant has been granted bail in all four criminal cases.

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 judicial custody since 21.12.2019. 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.