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2025 DAILYLAW 10479 (UTT)

KESHAV PAL v. STATE OF UTTARAKHAND

BA1/1545/2025 · 2025-08-27

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:7604 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 27th AUGUST, 2025 FIRST BAIL APPLICATION NO. 1545 of 2025 Keshav Pal .....Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Mani Kumar, Advocate. Counsel for the Respondent : Mrs. Rangoli Purohit, Brief Holder. Hon’ble Alok Kumar Verma,J. The applicant Keshav Pal is in judicial custody for the offence under Sections 111, 3(5), 303(2) and Section 317(2) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.206 of 2025, registered at Police Station Transit Camp, District Udham Singh Nagar. 2. According to the First Information Report dated 09.07.2025, one motorcycle (Registration No.UA06G6562) of the informant Vijay Kumar Sharma was stolen on 26.06.2025. The First Information Report was registered against unknown persons. 3. As per the respondent, the said stolen motorcycle and eight other stolen motorcycles were recovered from the applicant and four other co-accused on 10.07.2025. 1 2025:UHC:7604 4. Heard Mr. Mani Kumar, learned counsel for applicant and Mrs. Rangoli Purohit, learned Brief Holder for the respondent. 5. Mr. Mani Kumar, Advocate, submitted that the applicant has been falsely implicated in the present matter. The said motorcycles were not stolen by him. The alleged recovered eight motorcycles have not been linked to any case of theft. Applicant is not a convicted person. He is a permanent resident of District Udham Singh Nagar, therefore, there is no chance of his absconding, and, he is in judicial custody since 11.07.2025. 6. Mrs. Rangoli Purohit, Brief Holder, 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 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 2 2025:UHC:7604 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-Keshav Pal 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:27.08.2025 Shiv/ 3