2025:UHC:8605 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 24TH SEPTEMBER, 2025 FIRST BAIL APPLICATION NO.1791 of 2025 Rajesh Kumar ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Mani Kumar, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. The applicant-Rajesh Kumar 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 person. 3. As per the respondent, on 11.07.2025 eight 1 2025:UHC:8605 motorcycles were recovered from the applicant and other co-accused persons. 4. Heard Mr. Mani Kumar, learned counsel for the applicant and Mr. Pradeep Lohani, 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 Bareilly, Uttar Pradesh, therefore, there is no chance of his absconding, and, he is in custody since 11.07.2025. Keshav Pal, co-accused of similar role, has already been granted regular bail by this Court in First Bail Application No.1545 of 2025. 6. Mr. Pradeep Lohani, 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 2 2025:UHC:8605 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-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=6f1c15b6305912b3f008e9a4a8038ee73 26b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32 DE6BA960BFE64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.09.24 19:46:40 +05'30'