2025:UHC:7151 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 13th AUGUST, 2025 FIRST BAIL APPLICATION NO.1218 of 2025 Gurmez Singh alias Bunty .....Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mrs. Sarita Bisht, Advocate holding brief of Mr. Saurabh Kumar Pandey, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. The applicant-Gurmez Singh alias Bunty has filed the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for regular bail in Case Crime No.87 of 2025, registered at Police Station Sitarganj, District Udham Singh Nagar. 2. The applicant is in judicial custody for the offence under Sections 310(2), 317(3), 318(4), 3(5) and Section 61(2)(a) of the Bharatiya Nyaya Sanhita, 2023. 3. According to the First Information Report dated 29.03.2025, the informant went to buy gold from 1 2025:UHC:7151 the co-accused Smt. Kiran Kaur alias Babli on 27.03.2025. The applicant and the named co-accused persons took Rs.70,00,000/-(Rupees Seventy Lakh) from the informant and ran away from the spot. 4. Heard Mrs. Sarita Bisht, learned counsel for applicant and Mr. Pradeep Lohani, learned Brief Holder for respondent. 5. Mrs. Sarita Bisht, Advocate, contended that the applicant has been falsely implicated in the present matter. He was not present on the spot. A sum of Rs. 4,00,000/-(Rupees Four Lakh) is shown to have been recovered from the present applicant. The said recovery is totally false. The police party had forcibly obtained the signatures of the applicant on the recovery memo. Applicant has no criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding, and, he is in judicial custody since 10.05.2025. 6. Mr. Pradeep Lohani, learned Brief Holder, appearing for the State 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 2 2025:UHC:7151 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. 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. 10. Let the applicant- Gurmez Singh alias Bunty 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:13.08.2025 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=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d 0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960 BFE64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.08.13 18:39:31 +05'30'