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2025 DAILYLAW 10518 (UTT)

ARYAN v. STATE OF UTTARAKHAND

BA1/1531/2025 · 2025-08-25

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:7501 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 25th AUGUST, 2025 FIRST BAIL APPLICATION NO.1531 of 2025 Aryan .....Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Gaurav Singh, Advocate. Counsel for the Respondent : Mr. Sandeep Sharma, Assistant Government Advocate with Ms. Meenakshi Sharma, Brief Holder. Hon’ble Alok Kumar Verma,J. This Application has been filed for regular bail in Case Crime No. 337 of 2025, registered at Kotwali Manglaur, District Haridwar under Section 109 (1) of the Bharatiya Nyaya Sanhita, 2023 and Section 25(1- B)(a) of the Arms Act, 1959. 2. According to the First Information Report dated 17.04.2025, a co-accused Vishal alias Kaku was arrested by the police. One country made pistol .315 bore with cartridges were recovered by the police. On the spot, a person took the name of the applicant (Aryan) and asked him to fire. 3. Heard Mr. Gaurav Singh, learned counsel for applicant and Mr. Sandeep Sharma, learned Assistant Government Advocate for the respondent. 1 2025:UHC:7501 4. Mr. Gaurav Singh, Advocate, contended that the applicant has been falsely implicated in this matter. He was not present on the spot. He is not a previous convict. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, he is in judicial custody since 30.04.2025. 5. Mr. Sandeep Sharma, Assistant Government Advocate, 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. 2 2025:UHC:7501 8. The Bail Application is allowed. 9. Let the applicant- Aryan 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:25.08.2025 Shiv/ 3