2025:UHC:9923 I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA 1 1 TH NOVEMBER, 2 0 2 5 FI RST BAI L APPLI CATI ON NO. 2 1 4 1 of 2 0 2 5 Sunil ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Bhuwan Bhatt, Advocate with Mr. Partha Tamta, Advocate. Counsel for the Respondent : Mrs. Rangoli Purohit, Brief Holder. Hon ’ble Alok Ku m ar Ver m a,J. Applicant-Sunil 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 (applicant) 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, golden ring of the informant and a mobile phone and money from his friend Sunil. 1 2025:UHC:9923 3 . The case of the respondent is that the present applicant had conspired to cause the incident. A golden chain, a mobile phone, which were snatched, and Rs.1100.00 were recovered from the possession of three co-accused. 4 . Heard Mr. Bhuwan Bhatt, learned counsel for the applicant and Mrs. Rangoli Purohit, learned Brief Holder for the respondent. 5 . Mr. Bhuwan Bhatt, Advocate contended that the applicant has been falsely implicated in the present matter. He is a victim. No recovery has been made from the possession of the applicant. The said recoveries were made from the possession of three co- accused. Applicant has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no possibility of their absconding, and, he is in custody since 07.10.2025. 6 . Mrs. Rangoli Purohit, 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:9923 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. 1 0 . Let the applicant-Sunil 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. Date: 11.11.2025 JKJ/ Pant 3