2025:UHC:8551 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 23RD SEPTEMBER, 2025 FIRST BAIL APPLICATION NO.1118 of 2025 Divit Kumar ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Bilal Ahmed, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. Applicant-Divit Kumar is in judicial custody for the offence under Sections 303(2), 317(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.61 of 2025, registered at Police Station Bhagwanpur, District Haridwar. 2. According to the prosecution, a Splendor Plus motorcycle (Registration No.UK 17H9017) of the informant was stolen on 11.02.2025. The First Information Report was registered on 28.02.2025 against unknown person. The applicant and co-accused arrested on 26.05.2025 and the stolen motorcycle and other eleven motorcycles were recovered from their possession. 1 2025:UHC:8551 3. Heard Mr. Bilal Ahmed, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 4. Mr. Bilal Ahmed, Advocate submitted the applicant was not involved in the said offence. The said motorcycles were not stolen by him. The said recovery was false. Applicant is not a convicted person. He is a permanent resident of District Saharanpur, Uttar Pradesh, therefore, there is no possibility of his absconding, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant is in custody since 26.05.2025. 5. Mr. Pradeep Lohani, Brief Holder has opposed the bail application. 6. Bail is the rule and the 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 persons 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, without expressing any 2 2025:UHC:8551 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 – Divit Kumar 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: 23.09.2025 JKJ/Pant 3