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2025 DAILYLAW 8806 (UTT)

PORAS KUMAR ALIAS PUSHPENDRA v. STATE OF UTTARAKHAND

BA1/1191/2025 · 2025-08-27

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:7595 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 27th AUGUST, 2025 FIRST BAIL APPLICATION NO. 1191 of 2025 Poras Kumar alias Pushpendra .....Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Basant Singh, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. The applicant is in judicial custody for the offence under Sections 318(4), 111 and Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.254 of 2025, registered at Police Station Rudrapur, District Udham Singh Nagar. 2. According to the First Information Report dated 29.05.2025, the informant had an account in State Bank of India, Branch Rudrapur, District Udham Singh Nagar. A sum of Rs.54,999.99 was withdrawn from his account by unknown persons. 3. Heard Mr. Basant Singh, learned counsel for applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 1 2025:UHC:7595 4. Mr. Basant Singh, Advocate, contended that the co-accused Ritik and Vishuraj Maurya alias Vyom Maurya were arrested by the police. The name of the present applicant has come to light in the statements of the arrested persons. Applicant is not a convicted person. He is a permanent resident of District Moradabad, Uttar Pradesh, therefore, there is no possibility of his absconding, and, he is in judicial custody since 06.06.2025. 5. Mr. Pradeep Lohani, 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 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 2 2025:UHC:7595 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-Poras Kumar alias Pushpendra 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:27.08.2025 Shiv/ 3