Bail is the rule and committal to jail is an exception, and the purpose of keeping the accused in detention during investigation is to secure their attendance, not punishment.

JUDGMENT

Alok Kumar Verma, J. - The present Bail Application has been filed by the applicant for grant of regular bail in connection with the Case Crime No.1076 of 2022, registered with Police Station Kotwali Laksar, District Haridwar for the offence under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Heard Mr. Mohd. Safdar, learned counsel for the applicant through video conferencing and Ms. Shewali Joshi, learned Brief Holder for the State.

3. Mr. Mohd. Safdar, learned counsel for the applicant, submitted that according to the present matter, on 14.11.2022, 28.05 gram smack was recovered from the personal search of the co-accused-Mohabbat. Nothing was recovered from the possession of the present applicant. The name of the present applicant came into light on the statement of the co-accused Mohabbat. The co-accused Mohabbat has been granted bail by this Court. The present applicant is in custody since 27.12.2022, and, he is a permanent resident of District Haridwar.

4. Ms. Shewali Joshi, learned Brief Holder for the State, opposed the bail application.

5. 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.

6. 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.

7. The bail application is allowed.

8. Let the applicant Wakkar 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.