2025:UHC:11595 I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA 2 4 TH DECEMBER, 2 0 2 5 FI RST BAI L APPLI CATI ON NO.2 4 9 3 of 2 0 2 5 Rahul ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Gaurav Singh, Advocate through video conferencing. Counsel for the Respondent : Mrs. Sweta Badola Dobhal, Brief Holder. Hon ’ble Alok Ku m ar Ver m a,J. The Applicant- Rahul is in judicial custody for the offence punishable under Section 309(4) and Section 317(2) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.743 of 2025, registered at Kotwali Manglaur, District Haridwar. 2 . As per the respondent, on 10.11.2025, four unknown persons beat the informant and snatched his bag. On his bag, there were a laptop, mobile, keypad, purse, which contained Rs.2,500/ -, ATM card, credit card and company I.D. card. The First Information Report was registered on 11.11.2025 at 01: 17 hrs. The 1 2025:UHC:11595 said laptop, power bank and bank note were recovered from the possession of the applicant and the co- accused on the same night at 3: 15 hrs. 3 . Heard Mr. Gaurav Singh, learned counsel for the applicant and Mrs. Sweta Badola Dobhal, learned Brief Holder for the respondent. 4 . Mr. Gaurav Singh, Advocate, contended that the applicant was not involved in the said offence. The alleged recovery was planted. There was no independent witness at the time of the alleged recovery. Applicant is a student of Class 11. He has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, he is in custody since 11.11.2025. 5 . Mrs. Sweta Badola Dobhal, learned Brief Holder, has opposed the bail application orally. However, she has conceded on instructions that the applicant has no criminal antecedents. 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 2 2025:UHC:11595 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- Rahul 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: 24.12.2025 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=6f1c15b6305912b 3f008e9a4a8038ee7326b0 8b2d0e018b01be753f0148 36d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC337 79FB9677068452F32DE6B A960BFE64D819EE44CA9C CE487B2FE0F92, cn=NEHA BISHT Date: 2025.12.24 18:22:18 +05'30'