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2026 DAILYLAW 331 (UTT)

AMJAD ALIAS SHAFBAD v. STATE OF UTTARAKHAND

BA1/2/2026 · 2026-01-07

Alok Kumar Verma

body2026

Judgment text

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2026:UHC:275 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 07TH JANUARY, 2026 FIRST BAIL APPLICATION NO.02 of 2026 Amjad alias Shafbad ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Rajveer Singh, Advocate through video conferencing. Counsel for the Respondent : Mrs. Sweta Badola Dobhal, Brief Holder. Hon’ble Alok Kumar Verma,J. Applicant-Amjad alias Shafbad is in judicial custody for the offence punishable under Section 304(2), Section 317(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.25 of 2025, registered at G.R.P. Laksar, District Haridwar. 2. According to the respondent, on 21.03.2025, the informant was travelling by train with his wife. A person ran away with her purse, which contained Rs.50,000/-, two golden earrings, Nokia keypad mobile phone and an Android phone. The First Information Report was registered on 01.06.2025. Some of the said 1 2026:UHC:275 articles were recovered from the possession of the present applicant. 3. Heard Mr. Rajveer Singh, learned counsel for the applicant and Mrs. Sweta Badola Dobhal, learned Brief Holder for the respondent. 4. Mr. Rajveer Singh, Advocate, contended that the applicant was not involved in the said offence. He is innocent. He has no criminal antecedents. The alleged recovery was false. Applicant was not present at the time of the alleged recovery. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, he is in custody since 31.10.2025. 5. Mrs. Sweta Badola Dobhal, 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 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 2 2026:UHC:275 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- Amjad alias Shafbad 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:07.01.2026 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=6f1c15b6305912b3f008e9a4a8038ee7326b08b 2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA9 60BFE64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2026.01.07 18:01:41 +05'30'