Alok Kumar Verma, J
1. Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.128 of 2023, registered at police station Haldwani, District Nainital. Applicant is in judicial custody under Sections 147, 148, 149, 323, 427, 506, 307, 34, 364 read with Section 511 of the Indian Penal Code, 1860.
2. Heard Mr. S.R.S. Gill, learned counsel for the applicant and Mr. Pramod Tiwari, learned Brief Holder for the State.
3. Mr. S.R.S. Gill, Advocate, contended that the applicant is not named in the First Information Report. He has been falsely implicated in the present matter. As per the case of the respondent, both the injured had simple injuries. Applicant has no criminal history. He is in custody since 15.03.2023. He is a permanent resident of District Nainital. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.
4. On the other hand, learned counsel for the State has opposed the bail application. He contended that a video was made viral, in which the present applicant was found standing at the place of the incident. However, he has submitted that so far no evidence has been found to show that the present applicant had assaulted the injured persons.
5. 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.
6. Having considered the submission of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant 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 applicant deserves bail at this stage.
7. The Bail Application is allowed.
8. Let the applicant- Saurabh Singh Rajput 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 with the following conditions :-
i) Applicant shall attend the trial court regularly and he will not seek any unnecessary adjournment;
ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.
9. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, prosecution will be free to move the court for cancellation of bail.
