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

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 First Information Report No.461 of 2019 (Sessions Trial No.254 of 2019), registered at police station Rudrapur, District Udham Singh Nagar.

2. Applicant is in judicial custody under Section 302 read with Section 34 of the Indian Penal Code, 1860.

3. The case of the prosecution is that the informant Rinku (PW1) was going to his house on a motorcycle with his younger brother Prem Shankar, aged about 19 years, on 01.09.2019. At around 08:30 p.m., Sukhpal (co-accused) was standing in the middle of the road near Valmiki Temple. He was asked to move out of the way. Then, he (co-accused) slapped the informant’s brother. One Chanchal of Chanchal Medical Store intervened. They left their motorcycle near Chanchal Medical Store and went their house. When the informant and his brother Prem Shankar went to take back their motorcycle, the present applicant along with two co-accused persons assaulted them with a Gupti (pointed weapon), an Iron pipe and Patal (sharp edged weapon). The informant’s wife Smt. Renu (PW2) had also reached the spot. Yogesh (PW3) and others had come to the spot. The informant along with Yogesh (PW3) had taken injured Prem Shankar to the hospital, but, he died on the way.

4. As per the post-mortem report, the cause of the death of the deceased was coma due to head injury. The said Patal, Gupti and Rod (cable wire) were recovered from the house of the applicant on 04.09.2019. The co-accused persons are real brothers of the applicant. The recovered articles were sent to the Forensic Science Laboratory. Charge-sheet was filed. The prosecution has examined nine witnesses till date.

5. Mr. Lalit Sharma, Advocate, contended that the applicant has been falsely implicated in the present matter. Witnesses PW2 to PW9, examined by the prosecution, have not supported the prosecution’s case. All these witnesses have been declared hostile. The Forensic Science Laboratory’s report also does not support the case of the prosecution. Two co-accused persons of the similar role have been granted bail by this Court. Applicant is in judicial custody since 04.09.2019. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding, and, he has no criminal history.

6. Mr. M.K. Chand, learned A.G.A., has opposed the bail application. However, he has fairly conceded that the prosecution witnesses, PW2 to PW9 did not support the case of the prosecution. The report of the Forensic Science Laboratory does not support the case of the prosecution, and, two co-accused persons of the similar role have been granted bail by this Court.

7. 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.

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 merit 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 – Hardev 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 on 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 leav