I N THE HI GH COURT OF UTTARAKHAND

AT NAI NI TAL

THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA

24^th SEPTEMBER, 2025

FI RST BAI L APPLI CATI ON NO. 1701 of 2025

Abhishek Rajput ..…Applicant

Versus

State of Uttarakhand ..…Respondent

Counsel for the Applicant : Mr. Vikas Anand, Advocate &

Ms. Gyan Mati Kushwaha,

Advocate.

Counsel for the Respondent : Mr. Himanshu Sain, Brief Holder.

Hon’ble Alok Kumar Verma,J.

The applicant – Abhishek Rajput is in judicial

custody for the offence punishable under Sections 303(2), 317(2), Section 111 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.37 of 2025, registered at Police Station Pantnagar, District Udham Singh

Nagar.

2. Heard Mr. Vikas Anand, learned counsel for the applicant and Mr. Himanshu Sain, learned Brief Holder for

the respondent.

3. According to the First Information Report dated 18.02.2025, a motorcycle (Registration No.UK06BE3085) of

the applicant was stolen on 27.01.2025.

4. As per the respondent, on 18.02.2025, the said stolen motorcycle and ten other motorcycles were recovered from the possession of the applicant and the co-

accused persons. Applicant was arrested.

5. Mr. Vikas Anand, Advocate, for the applicant submitted that the applicant has been falsely implicated in the present matter. The said motorcycles were not stolen by him. The said motorcycles were not recovered from his possession. The alleged recovery was planted. Applicant is not a convicted person. He is a permanent resident of District Nainital, and, he is in custody since 18.02.2025.

6. Mr. Himanshu Sain, Brief Holder, has opposed the bail application orally.

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 investigation 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 merits 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 – Abhishek Rajput 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: 24.09.2025 Pant/