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2025 DAILYLAW 11201 (UTT)

ANKIT v. STATE OF UTTARAKHAND

BA1/1700/2025 · 2025-09-12

Alok Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:8150 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 12th SEPTEMBER, 2025 FIRST BAIL APPLICATION NO. 1700 of 2025 Ankit ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Mohd. Safdar, Advocate. Counsel for the Respondent : Mr. Deepak Bhardwaj, Brief Holder. Hon’ble Alok Kumar Verma,J. Applicant – Ankit is in judicial custody for the offence punishable under Section 303(3), 317(2) and Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No. 811 of 2025, registered at Police Station Laksar, District Haridwar. 2. According to the respondent, a motorcycle (Registration No. UK17P3055) of the informant was stolen on 07.08.2025. The First Information Report dated 07.08.2025 has been registered against the unknown person. The said motorcycle and four other motorcycles were recovered at the instance of the applicant. 3. Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mr. Deepak Bhardwaj, learned Brief Holder for the respondent. 1 2025:UHC:8150 4. Mr. Mohd. Safdar, Advocate, contended that the applicant has been falsely implicated in the present matter. The said motorcycles were not stolen by him. The alleged recoveries are planted. Applicant is not a convicted person. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, he is in custody since 08.08.2025. 5. Mr. Deepak Bhardwaj, 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. 2 2025:UHC:8150 9. Let the applicant- Ankit 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: 12.09.2025 Shiv/ 3