Reaffirming the principle that bail is the rule and jail the exception under Article 21; High Court of Uttarakhand allows release on bail in a BNS 2023 case, offering binding guidance for similar applications.
Summary
| Category | Data |
|---|---|
| Case Name | BA1/1529/2025 of KARAN Vs STATE OF UTTARAKHAND |
| CNR | UKHC010130502025 |
| Decision Date | 25-08-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | HON’BLE MR. JUSTICE ALOK KUMAR VERMA |
| Court | High Court of Uttarakhand |
| Bench | Single-Judge Bench |
| Type of Law | Criminal Law (bail under BNS 2023) |
| Questions of Law | Whether the applicant is entitled to bail under Article 21 of the Constitution and the relevant provisions of the Bharatiya Nyaya Sanhita, 2023. |
| Ratio Decidendi | The court held that bail is the rule and committal to jail is an exception under Article 21; detention during investigation is not punishment but to secure attendance; in the absence of any antecedents or reasonable apprehension of absconding, continued custody would be indefinite and unnecessary; thus, the applicant merits bail at this stage. |
| Logic / Jurisprudence / Authorities Relied Upon by the Court | The court invoked Article 21 of the Constitution, emphasizing that refusal of bail amounts to a restriction on personal liberty and that the primary object of pre-trial detention is to ensure the accused’s attendance. |
| Facts as Summarised by the Court | The FIR dated 12.07.2025 was registered after Inspector Neeraj Kumar was injured by stones thrown by unknown persons (Kavadis) on 11.07.2025; the applicant has been in judicial custody since 12.07.2025 for offences under Sections 117(2), 221 and 121(2) of the BNS 2023. |
| Citations | 2025:UHC:7500 (Uttarakhand) |
What’s New / What Lawyers Should Note
- Reaffirms that under Article 21, bail is the rule and committal to jail is the exception.
- Emphasizes that pre-trial detention’s sole purpose is to secure the accused’s attendance, not to punish.
- Highlights that absence of criminal antecedents and strong personal ties (permanent residency) support grant of bail even under serious BNS provisions.
- Confirms that mere opposition by the State, without specific grounds of flight risk or tampering, cannot outweigh the presumption in favor of bail.
Summary of Legal Reasoning
- Bail presumption: The court reiterated that bail is the norm and denial thereof encroaches on the fundamental right under Article 21.
- Object of detention: Held that detention during investigation is not punitive but remedial to ensure court attendance.
- Applicant’s profile: Noted the applicant’s lack of criminal history, permanent residence in New Delhi, and continuous custody since 12.07.2025.
- No merit prejudice: Found no reason to keep the applicant incarcerated indefinitely in the absence of factors like flight risk or evidence tampering.
- Conclusion: Without opining on merits, bail was granted subject to furnishing a personal bond and two reliable sureties.
Arguments by the Parties
Petitioner (Applicant’s Counsel)
- The applicant is innocent and was not present at the scene.
- He has no criminal antecedents and is a permanent resident of New Delhi, eliminating any flight risk.
- His continued detention since 12.07.2025 is unnecessary and punitive.
Respondent (State’s Counsel)
- Opposed the bail application orally, without specifying particular grounds beyond the seriousness of the offences.
Factual Background
The FIR dated 12.07.2025 was lodged by Inspector Neeraj Kumar after he sustained injuries from stones thrown by unidentified Kavadis on 11.07.2025 during traffic duty. A case under Sections 117(2), 221 and 121(2) of the Bharatiya Nyaya Sanhita, 2023 was registered as Crime No. 282/2025 at Police Station Bahadarabad, Haridwar. The applicant, arrested on 12.07.2025, has been in judicial custody since that date and moved the High Court for bail.
Statutory Analysis
- The court considered offences under Sections 117(2) (abetment), 221 (concealing design to wage war), and 121(2) (assault or use of force to wage war against the Government) of the Bharatiya Nyaya Sanhita, 2023.
- No substantive interpretation of these sections was undertaken; the focus remained on the principles governing bail applications.
Alert Indicators
- ✔ Precedent Followed
Citations
- 2025:UHC:7500 (Uttarakhand), para 7.