The single judge bench of Justice Alok Kumar Verma of the Uttarakhand High Court in the case of Nitin Srivastava vs. the State of Uttarakhand held that 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.
Brief Facts:
The factual matrix of the case is that the informant and other persons invested Rs.1,55,000/- in Arise India Himalaya Vidhi Finance Company. However, the company didn’t return the money to the investors. The present application is filed seeking regular bail for the applicant in judicial custody under Sections 420, 406, 120 B of the Indian Penal Code, 1860, and Sections 3, 4, 5 read with Sections 21, 22, 23, and Section 25 of the Banning of Unregulated Deposit Schemes Act, 2019.
Contentions of the Appellant:
The learned counsel appearing on behalf of the Appellant contended that the present applicant is innocent. Furthermore, it was submitted that the co-accused was acquitted based on compromise. Also, two witnesses have already been examined, so, there is no chance of tampering with the evidence.
Observation by the Court:
The Hon’ble Court observed that a committal to jail is an exception and bail is the rule. A person's personal freedom, which is protected by Article 21 of the Indian Constitution, is restricted when bail is refused. It is not a punishment that is the goal of holding the accused individual in custody during the trial. Securing the accused's presence is the primary purpose.
Based on this consideration, the Hon’ble Court was of the view that there was no reason to keep the applicant in custody and the bail was granted.
The decision of the Court:
With the above direction, the Hon’ble Court allowed the bail application.
Case Title: Nitin Srivastava vs. State of Uttarakhand
Coram: Hon’ble Mr. Justice Alok Kumar Verma
Case No.: First Bail Application No. 416 of 2023
Advocate for the Applicant: Mr. Pawan Mishra, Advocate.
Advocate for the Respondent: Mr. Pramod Tiwari, Respondent
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