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Judgment
Alok Kumar Verma, J
The Applicant – Vivek alias Vika is in judicial custody for the offence under Section 303(2), Section 317(5), Section 111 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.686 of 2024, registered at Police Station Bhagwanpur, District Haridwar.
The First Bail Application (No.1176 of 2025) was dismissed as withdrawn on 09.10.2025 granting liberty to the applicant to file afresh with better particulars.
According to the respondent, a motorcycle (Registration No.UP11BJ6979) of the informant was stolen on 02.07.2024. The First Information Report was registered on 29.08.2024 against unknown person. Nine stolen motorcycles were recovered at the instance of the applicant and co-accused persons.
Heard Mr. Ashok Beniwal, learned counsel for the applicant and Mr. Akshay Latwal, learned Assistant Government Advocate for the respondent.
Mr. Ashok Beniwal, Advocate, submitted that the alleged recovered motorcycles were not stolen by the applicant. The said recoveries are false. There was no independent witness at the time of the alleged recovery. This fact also makes the story of the police doubtful. Applicant has been falsely implicated in the present matter. He has not been convicted. He is a permanent resident of District Saharanpur, Uttar Pradesh, therefore, there is no possibility of his absconding, and, he is in custody since 08.10.2024.
Mr. Akshay Latwal, learned Assistant Government Advocate, has opposed the bail application orally.
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, 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- Vivek alias Vika 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.