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2020 DIGILAW 145 (UTT)

Paramjeet Singh v. State Of Uttarakhand

2020-02-27

ALOK KUMAR VERMA

body2020
JUDGMENT Alok Kumar Verma, J. - These First Bail Applications are arose in same FIR No.209 of 2019 which has been registered with Police Station Khatima, District Udham Singh Nagar for the offences punishable under Sections 366, 370 (3),420,120B and 34 of the Indian Penal Code, 1860, therefore for deciding these bail applications, all these three bail applications are consolidated and these being decided by a common order. 2. The informant, Sub-Inspector Smt. Manju Pandey, Incharge of Anti Human Trafficking, Banbassa, District Champawat lodged an FIR on 27.08.2019 against six named persons alleging therein that an information was received by the Anti Human Trafficking Unit that there was a gang, headed by one Manjeet alias Sardarni and one Ranjeet was the active member of the said Gang. The police team prepared a trap team. On 26.08.2019, six co-accused persons as well as two victims were caught by the police, whereas three persons ran away including the present applicants. 3. Heard Mr. Deepak Bisht and Mr. Deep Prakash Bhatt, learned Advocates for the applicants and Mr. Pratiroop Pandey, learned A.G.A. for the State of Uttarakhand. 4. Learned counsel for the applicants/accused persons submit that the applicants are innocent persons; the story developed by the prosecution is absolutely false; co-accused Kashmeer Singh, Reshma, Jasvinder Singh alias Bindar and Paramjeet Kaur had been directed to be release on bail by this High Court; the applicants are entitled to be released on bail on the ground of parity; the applicants are in custody since 27.08.2019; the applicants have no criminal history. 5. The learned A.G.A. appearing for the State opposed the bail applications, however, he fairly concedes that no said call details and mobile messages are available. Learned A.G.A. also states that the case of the applicants is based on the ground of parity. 6. The bail is the rule and committal to jail is an exception. Refusal of the bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution of India. The personal liberty is very precious fundamental right and it should be curtailed only when it becomes imperative according to the facts and circumstances of the case. 7. The applicants are in custody since 27.08.2019. In the facts and circumstances of this case, there is no reason to keep the applicants behind the bars for an indefinite period. 8. The personal liberty is very precious fundamental right and it should be curtailed only when it becomes imperative according to the facts and circumstances of the case. 7. The applicants are in custody since 27.08.2019. In the facts and circumstances of this case, there is no reason to keep the applicants behind the bars for an indefinite period. 8. Considering the facts and circumstances of the case, without expressing any opinion as to the merits of the case, this Court is of the view that the applicants deserve bail at this stage. 9. These bail applications are allowed. 10. Let the applicants be released on bail on their executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the concerned Court by each of them. Let a copy of this order be kept on the file of First Bail Application No.2775 of 2019 and First Bail Application No.2807 of 2019.