The single judge bench of Justice Alok Kumar Verma of the Uttarakhand High Court in the case of Janak Bahadur Vishwakarma and Another Vs State of Uttarakhand held that the object of keeping the accused in detention during the trial is not punishment. The main purpose is manifestly to secure the attendance of the accused.
Brief Facts:
The factual matrix of the case is that the police personnel were checking vehicles and upon seeing the police, the applicants tried to run away. Thereafter, upon checking few grams of Keeda Jadi were recovered from applicant no. 1 and applicant no. 2. Furthermore, the articles were sent for forensic examination and then the chargesheet was filed.
The present bail application has been filed for the grant of bail in the case registered under Section 26(1) (g), Section 41 read with Section 42 of the Indian Forest Act, 1927 and Rule 3 read with Rule 28 of the Uttarakhand Transit of Timber and Other Forest Produce Rules, 2012.
Contentions of the Applicant:
The learned counsel appearing on behalf of the applicant contended that nothing was found from the possession of the applicant and there is no independent witness of the alleged recovery.
Observations of the Court:
The Hon’ble court furthermore observed that the right to personal liberty, protected by Article 21 of the Indian Constitution, is restricted when bail is refused. It is not intended to punish the guilty by holding them in custody throughout the trial. The major goal is to ensure that the accused is present.
The court observed that despite numerous opportunities, nobody from the general public was involved at the time of the supposed recovery and no record was found which depicts that the applicants were earlier involved in any unacceptable activities.
Based on these considerations, the court was of the view that there was no reason to keep the applicants behind bars for an indefinite period
The decision of the court:
With the above direction, the court allowed the bail application.
Case Title: Janak Bahadur Vishwakarma and Another Vs State of Uttarakhand
Coram: Hon’ble Mr. Justice Alok Kumar Verma
Case No.: First Bail Application No. 889 of 2023
Advocate for the Applicant: Mrs. Prabha Naithani, Advocate.
Advocate for the Respondent: Mr. V.S. Rathore, A.G.A.
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