The object of keeping the accused person in detention during the trial is not punishment. The main purpose is to secure the attendance of the accused. A single Judge bench comprising Hon’ble Justice Alok Kumar Verma in the matter of Kuldeep Chaturvedi Vs. State of Uttarakhand (FIRST BAIL APPLICATION NO. 1812 of 2021), dealt with an issue where the applicant filed a bail application under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail, alleged of the offences punishable under Sections 323, 365 & 367 of I.P.C.
In the present case, an FIR was registered by the informant stating that he has a welding shop where Daya Kishan was working along with him. Daya Kishan had a dispute regarding money with the present applicant and the co-accused persons, who used to come to his shop and threatened Daya Kishan by saying that if he does not pay, then they will beat him and kidnap him. One day the applicant and the co-accused came to his shop and took Daya Kishan forcefully in an Inova car. Later Daya Kishan was recovered from the possession of the co-accused persons.
The counsel for the applicant submitted that the applicant was implicated in the matter and he was not present at the time of the alleged recovery. The counsel also pointed out that the other three co-accused persons were granted bail by the same court and further submitted that since chargesheet had already been filed, the release of the applicant on bail would not lead to tampering with the evidence. The Deputy Advocate General appearing for the State opposed the bail application.
The court observed that – “there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.” Thereby the bail application was allowed.