2025:UHC:9655 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 31ST OCTOBER, 2025 FIRST BAIL APPLICATION NO.2064 of 2025 Deepak ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Gaurav Singh, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. The Applicant-Deepak is in judicial custody for the offence punishable under Sections 303(2), 317(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.330 of 2025, registered at Kotwali Roorkee, District Haridwar. 2. As per the respondent, a Splendor Plus motorcycle (Registration No. UK17R-8569) of the informant’s brother was stolen on 29.05.2025 by unknown person. The First Information Report was registered on 14.09.2025. The police recovered eleven motorcycles at the instance of the present applicant and co-accused persons. 1 2025:UHC:9655 3. Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 4. Mr. Gaurav Singh, Advocate, contended that the applicant has been falsely implicated by the police. The said motorcycles were not stolen by him. The said motorcycles were not recovered at the instance of the applicant. The said recoveries are planted. There was no independent witness at the time of the alleged recovery. This fact also makes the story of police doubtful. 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 19.09.2025. 5. Mr. Pradeep Lohani, learned 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 2 2025:UHC:9655 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- Deepak 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:31.10.2025 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=6f1c15b6305912b3f008e9a4a8 038ee7326b08b2d0e018b01be753f014 836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB967706 8452F32DE6BA960BFE64D819EE44CA9 CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.10.31 19:11:00 +05'30'