2025:UHC:9995 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 12TH NOVEMBER, 2025 FIRST BAIL APPLICATION NO.2106 of 2025 Ankur Saini ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Parikshit Saini, Advocate. Counsel for the Respondent : Mr. Tumul Nainwal, Assistant Government Advocate. Hon’ble Alok Kumar Verma,J. The Applicant- Ankur Saini is in judicial custody for the offence punishable under Sections 309(4), 317(2) and Section 61(2) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.264 of 2025, registered at Police Station Kaliyar Sharif, District Haridwar. 2. According to the First Information Report dated 02.10.2025, the informant-Vishant Saini and his friend Sunil were going on a motorcycle on 30.09.2025. Three unknown persons stopped his motorcycle and at gunpoint, they snatched a mobile phone, golden chain, 1 2025:UHC:9995 golden ring of the informant and a mobile phone and money from his friend Sunil. 3. Heard Mr. Parikshit Saini, learned counsel for the applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent. 4. Mr. Parikshit Saini, Advocate, contended that the applicant is an innocent person. He has been falsely implicated in the present matter. He was not involved in the said offence. The alleged recovery of a chain from the possession of the present applicant is totally false. There was no independent witness at the time of the alleged recovery from the possession of the applicant. This fact also makes the story of police doubtful. Applicant has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. He is in custody since 07.10.2025, and, Sunil, the co-accused, has already been granted bail by this Court in First Bail Application No.2141 of 2025. 5. Mr. Tumul Nainwal, learned 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 2 2025:UHC:9995 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. 9. Let the applicant- Ankur Saini 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:12.11.2025 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=6f1c15b6305912b3f0 08e9a4a8038ee7326b08b2d0e 018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779F B9677068452F32DE6BA960BFE 64D819EE44CA9CCE487B2FE0 F92, cn=NEHA BISHT Date: 2025.11.12 18:26:27 +05'30'