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2025 DAILYLAW 9756 (UTT)

ANKUSH v. STATE OF UTTARAKHAND

BA1/1384/2025 · 2025-08-21

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:7401 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 21st AUGUST, 2025 FIRST BAIL APPLICATION NO.1384 of 2025 Ankush ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Mohd. Safdar, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. Applicant-Ankush is in judicial custody in Case Crime No.248 of 2025, registered at Kotwali Gangnahar, District Haridwar for the offence under Sections 305(a), 317(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. According to the First Information Report dated 10.06.2025, Rs.2,00,000/-(Rupees Two Lakh) in cash and jewellery were stolen from the house of the informant on 19.05.2025. The First Information Report has been registered against the unknown person. 3. Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief 1 2025:UHC:7401 Holder for respondent. 4. Mr. Mohd. Safdar, Advocate, contended that the applicant was arrested on 24.06.2025. A pair of earrings, two golden chains and Rs.33,500/-(Rupees Thirty Three Thousand Five Hundred) are shown to have been recovered from the possession of the applicant. The alleged recoveries are false. Applicant is not a convicted person. He is a permanent resident of District Ghaziabad, Uttar Pradesh, therefore, there is no possibility of his absconding. 5. Mr. Pradeep Lohani, learned 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:7401 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- Ankush 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:21.08.2025 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=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e018b01be753 f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE64D819EE44 CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.08.21 18:59:11 +05'30'