2025:UHC:8606 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 24TH SEPTEMBER, 2025 FIRST BAIL APPLICATION NO.1792 of 2025 Rajesh Kumar ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Mani Kumar, Advocate holding brief of Mr. Saurabh Kumar Pandey, Advocate. Counsel for the Respondent : Mr. G.S. Sandhu, Additional Advocate General assisted by Mr. Deepak Bhardwaj, Brief Holder. Hon’ble Alok Kumar Verma,J. The Applicant-Rajesh Kumar is in judicial custody for the offence under Section 303(2), Section 317(2), Section 111 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 in the First Information Report No.336 of 2024, registered at Police Station Transit Camp, District Udham Singh Nagar. 2. According to the First Information Report dated 30.11.2024, a Splendor motorcycle (Registration No.UK06BA4964) of the informant was stolen on 18/19-11-2024. 1 2025:UHC:8606 3. On 11.07.2025, nine motorcycles were recovered from the possession of the present applicant and co-accused persons. Applicant was arrested. 4. Heard Mr. Mani Kumar, learned counsel for the applicant and Mr. G.S. Sandhu, learned Additional Advocate General for the respondent. 5. Mr. Mani Kumar, Advocate, submitted that the said motorcycles were not stolen by the applicant. The said motorcycles were not recovered from the possession of the applicant. The said recovery was planted. Applicant is not a convicted person. He is a permanent resident of District Bareilly, Uttar Pradesh, therefore, there is no possibility of his absconding. Charge-sheet has been filed. 6. Mr. G.S. Sandhu, learned Additional Advocate General, 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 trial is not punishment. The main purpose is manifestly to secure the attendance of the accused. 2 2025:UHC:8606 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- Rajesh Kumar 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:24.09.2025 Neha 3 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a803 8ee7326b08b2d0e018b01be753f014836d2 7, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB967706845 2F32DE6BA960BFE64D819EE44CA9CCE487 B2FE0F92, cn=NEHA BISHT Date: 2025.09.24 19:47:07 +05'30'