IMPORTANT POINT
Bail is a right and should be granted unless there are compelling reasons to deny it, with the primary purpose of detention being to secure the accused's attendance at trial.

JUDGMENT :

(Alok Kumar Verma, J.) :

Present Second Bail 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. 132 of 2017, registered at police station Doiwala, District Dehradun.

2. Applicant is in judicial custody for the offence under Sections 302, 307, 379 and Section 411 of the Indian Penal Code, 1860.

3. The First Bail Application (Bail Application No.1528 of 2017) was rejected on 26.06.2019.

4. The case of the prosecution is that the informant parked his tractor, bearing Registration No.UK14-6663, on 10.05.2017 at Dharmuchak Kanta and slept with his laborers. At around 12:30 in the night, they heard the sound of the tractor starting. They observed that the said tractor was being taken by the present applicant. He was chased by the laborers, upon which the present applicant crushed the laborers named Vijay Kumar and Ramshesh. Both the injured were sent to the hospital through 108 Ambulance. During the investigation, injured Vijay Kumar had died.

5. Heard Mr. Ankur Sharma, learned counsel for the applicant and Mr. M.K. Chand, learned AGA for the State.

6. Mr. Ankur Sharma, Advocate, contended that the applicant has been falsely implicated in the present matter. He is in judicial custody since 12.05.2017. An Application under Section 311 of the Code of Criminal Procedure, 1973, filed on behalf of the applicant – accused, is still pending before the trial court for disposal. Applicant does not have any criminal antecedents. He is a permanent resident of District Dehradun, therefore, there is no likelihood of his absconding.

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. Second Bail Application is allowed.

10. Let the applicant – Praveen Kumar 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.

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