NAINITAL, India, Feb. 10 -- Uttarakhand High Court issued the following Jan. 9:
1. The applicant- Gautam is in judicial custody for the offence punishable under Section 309(4) and Section 317(2) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.743 of 2025, registered at Kotwali Manglaur, District Haridwar.
2. According to the respondent, on 10.11.2025, four unknown persons beat the informant and snatched his bag. In his bag, there were a laptop, mobile, keypad, purse, which contained Rs.2,500/-, ATM card, credit card and company I.D. card. The First Information Report was registered on 11.11.2025 at 01:17 hrs. The said laptop, power bank and bank note were recovered from the possession of the applicant and the co-accused Rahul on the same night at 03:15 hrs.
3. Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mrs. Rangoli Purohit, learned Brief Holder for the respondent.
4. Mr. Mohd. Safdar, Advocate, contended that the applicant has been falsely implicated in this matter. He was not involved in the said offence. The alleged recovery was planted. He has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. Rahul, the co-accused, has already been granted regular bail by this Court in BA1 No.2493 of 2025, and, he is in custody since 11.11.2025.
5. Mrs. Rangoli Purohit, Brief Holder, has opposed the bail application orally.
6. 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.
7. 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.
8. The Bail Application is allowed.
9. Let the applicant- Gautam 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.
Disclaimer: Curated by HT Syndication.