LAKHVINDER SINGH ALIAS LAKHA v. STATE OF UTTARAKHAND
BA1/1483/2025 · 2025-08-20
Alok Kumar Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10234 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10234 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:7351 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
20th AUGUST, 2025
FIRST BAIL APPLICATION NO.1483 of 2025
Lakhvinder Singh alias Lakha
.....Applicant
Versus
State of Uttarakhand
..…Respondent
Counsel for the Applicant : Mr. D.N. Sharma, Advocate. Counsel for the Respondent : Mr. Tumul Nainwal, Assistant
Government Advocate. Hon’ble Alok Kumar Verma,J.
The applicant-Lakhvinder Singh alias Lakha has filed the present Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for regular bail in Case Crime No.87 of 2025, registered at Police Station Sitarganj, District Udham Singh Nagar. 2. The applicant Lakhvinder Singh alias Lakha is in judicial custody for the offence under Sections 310(2), 317(3), 318(4), 3(5) and Section 61(2)(a) of the Bharatiya Nyaya Sanhita, 2023. 3. According to the First Information Report dated 29.03.2025, the informant went to buy gold from the co-accused Smt. Kiran Kaur alias Babli on
27.03.2025. Applicant and the named co-accused 1
2025:UHC:7351 persons took Rs.70,00,000/-(Rupees Seventy Lakh) from the informant and ran away from the spot. 4. Heard Mr. D.N. Sharma, learned counsel for applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent. 5. Mr. D.N. Sharma, Advocate, contended that the applicant has been falsely implicated in the present matter. He was not present on the spot. A sum of Rs. 20,50,000/-(Rupees Twenty Lakh Fifty Thousand) is shown to have been recovered from the present applicant. The said recovery is totally false. The police party had forcibly obtained the signatures of the applicant on the recovery memo. Applicant has no criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding. He is in judicial custody since 04.04.2025, and, three co-accused of the similar role have been granted regular bail by this Court. 6. Mr. Tumul Nainwal, Assistant Government Advocate, has opposed the bail application orally. 7. 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 2
2025:UHC:7351 keeping the accused person in detention during the investigation is not punishment. The main purpose is manifestly to secure the attendance of the accused. 8.
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. 9. The Bail Application is allowed. 10. Let the applicant- Lakhvinder Singh alias Lakha 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. ___________________ ALOK KUMAR VERMA, J.
Dt:20.08.2025 Shiv/
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