Rajendra Alias Raju vs State Of Uttarakhand

Alok Kumar Verma, J

The Applicant-Rajendra alias Raju is in judicial custody for the offence under Sections 307, 323 and Section 506 of the Indian Penal Code, 1860 in Case Crime No.60 of 2020, registered at Police Station Gadarpur, District Udham Singh Nagar.

Heard Mr. S.R.S. Gill, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent.

Mr. S.R.S. Gill, Advocate, submitted that according to the First Information Report, the informant beat the father of the co-accused Kuldeep Singh. The co-accused persons called their companions. The present applicant and the co-accused Pintu came on motorcycle and on instigation of co-accused Pintu, the present applicant fired upon the informant.

Mr. S.R.S. Gill, Advocate, contended that the said allegations are totally false. Applicant was not present on the spot. This is the no injury case. No weapon was recovered from the applicant. Applicant is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. All the three co-accused have already been granted regular bail by the trial court, and, applicant is in custody since 06.03.2025.

Mr. Pradeep Lohani, learned Brief Holder, has opposed the bail application. However, he conceded that this is the no injury case.

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 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, 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- Rajendra alias Raju 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.