IMPORTANT POINT
Bail is rule and committal to jail is an exception – Refusal of bail is a restriction on personal liberty of individual, guaranteed under Article 21 of Constitution of India.

JUDGMENT

Alok Kumar Verma, J.—Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.148 of 2019, registered at police station Rajpur, District Dehradun.

2. Present applicant is in judicial custody under Sections 342, 395, 398, 412, 506, 420, 468, 471, 120B and Section 201 of the Indian Penal Code, 1860.

3. First Bail Application (No.236 of 2021) was rejected on 23.07.2021. The Second Bail Application (No.186 of 2021) was treated as the Short Term Bail Application and the applicant was granted short term bail for a period of twenty five days on 12.11.2021.

4. As per the case of the prosecution, informant and his wife were present in their house on 22.09.2019. At about 08:15 p.m., four unknown persons entered the informant’s bed room showing gun to two servants of the informant. They confined the informant, his wife and servants and committed robbery of cash and jewellery. The First Information Report was registered against the unknown persons on 23.09.2019 at 12:50 hrs.

5. During investigation, applicant was arrested on 02.07.2020 and on 07.07.2020, Rs.5,460/-, a gold chain and a wrist watch were recovered from his pointing out. Test Identification Parade was conducted on 25.07.2020. The informant identified the applicant and some jwellery were also identified by him. Upon conclusion of the investigation, charge-sheet was filed.

6. Heard Mr. Mohd. Matlub, learned counsel for the applicant and Mr. M.K. Chand, learned AGA for the State.

7. Mr. Mohd. Matlub, Advocate, contended that the applicant has been falsely implicated in the present matter. He has not been named in the First Information Report. The alleged recovery was shown after eight days of the alleged incident and the alleged recovered articles do not match with the list given by the informant to the police. Applicant was not kept baparda. The alleged Test Identification Parade was conducted after forty three days of the alleged incident. Applicant is a permanent resident of New Delhi, therefore, there is no possibility of his absconding. He is not a previous convict. He is in judicial custody since 03.07.2020 and the prosecution has failed to examine any witness till date. Three co-accused persons were granted bail by the Session Court and four co-accused persons have been granted bail by this Court.

8. Mr. M.K. Chand, learned A.G.A. for the State, has opposed the Bail Application.

9. 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 trial is not punishment. The main purpose is manifestly to secure the attendance of the accused.

10. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

11. The Bail Application is allowed.

12. Let the applicant-Faeem 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 with the following conditions:—

(i) Applicant shall attend the Trial Court regularly and he shall not seek any unnecessary adjournment;

(ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

(iii) Applicant shall not leave the country without previous permission of the Trial Court.

13. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, prosecution will be free to move the court for cancellation of bail.