BA1/740/2014 of Arif Vs State Of Uttarakhand

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION

Dated: Nainital: September 15, 2014

First Bail Application No. 740 of 2014 Order on the bail application of accused

Criminal Side

Arif, S/o Ashraf Ali, R/o Chhatariya, Police Station-Tanda, District Rampur (U.P.), Presently R/o Village – Puchhari, Ramnagar, Police Station - Ramnagar, District-Nainital.

…..Applicant Versus

State of Uttarakhand …….Opp. Party

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Hon’ble Sudhanshu Dhulia, J. (Oral)

Heard Mr. B.M. Pingal, Advocate for the applicant and Mr. S.S. Adhikari, learned Assistant Government Advocate for the State of Uttarakhand.

The applicant is in jail having been implicated in F.I.R. No. 145 of 2014 which has been registered under Sections 411/418/420/467/468/471 of I.P.C. at Police Station Ramnagar, District Nainital.

On the raid by the police, the applicant was caught in ITIOS car which the applicant claims his own and except this, nothing incriminating has been found against the applicant. He is in jail since 30.04.2014.

Considering the overall evidence which is presently available before this Court, the applicant has been able to make out case for bail. The bail application is accordingly allowed.

Let the applicant (Arif) be enlarged on bail in the aforesaid crime on his executing personal bond and two reliable sureties each of the equal amount to the satisfaction of the Magistrate concerned.

It is made clear that any observation made by this Court is only for the purpose of grant of bail. It shall not be taken into consideration at all in any other proceedings.

(Sudhanshu Dhulia, J.)

15.09.2014