2025:UHC:10000 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 12TH NOVEMBER, 2025 FIRST BAIL APPLICATION NO.2163 of 2025 Sabir Salmani ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Mohd. Matlub, Advocate. Counsel for the Respondent : Mr. Tumul Nainwal, Assistant Government Advocate. Hon’ble Alok Kumar Verma,J. The Applicant- Sabir Salmani is in judicial custody for the offence punishable under Section 309(6) and Section 317(2) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.67 of 2025, registered at Kotwali Tanakpur, District Champawat. 2. According to the respondent, three unknown persons beat the informant at about 9:30 p.m. on 16.06.2025, snatched his mobile phone Vivo (SIM No. 9634495322) and looted his ATM card, Voter ID card, Aadhar card and Rs.8,000/-. The First Information Report was registered on 17.06.2025. The said Voter ID 1 2025:UHC:10000 card, Aadhar card, a Purse and Rs.3,000/- were recovered from the applicant through his father. 3. Heard Mr. Mohd. Matlub, learned counsel for the applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent. 4. Mr. Mohd. Matlub, Advocate, contended that the applicant has been falsely implicated in the present matter. He was not involved in the said offence. The said articles and Rs.3,000/- were not recovered from the possession of the applicant. Applicant has no criminal history. He is a permanent resident of District Champawat, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant is in custody since 19.06.2025. Shubham Arya and Ameer alias Lala have already been granted regular bail by this Court. 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 personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of 2 2025:UHC:10000 keeping the accused person in detention during the trial 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- Sabir Salmani 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=6f1c15b6305912b3f008e9a4a8038ee73 26b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32 DE6BA960BFE64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.11.12 18:52:49 +05'30'