BA1/510/2017 of Smt. Kamla Bhatt Vs State Of Uttarakhand

BA1 No. 510 of 2017 Hon’ble V.K. Bist, J.Mr. Ajay Singh Bisht

and

Mr. Jagdish Singh Bisht, Advocates for

the applicant.

Mr. H.O. Bhakuni, A.G.A. with

Mr. Milind Raj, Brief Holder for the State of Uttarakhand.

Heard

This is the first bail application moved by the applicant.

The applicant- Smt. Kamla Bhatt seeking regular bail in connection with F.I.R. No. 12 of 2017, Case Crime No. 3/2017, relating to offences punishable under Section 420 I.P.C., registered at P.S. Patti Shayalikhet, District Almora.

An F.I.R. was lodged before the

Revenue Sub Inspector, Patti Shyalikhet, District Almora on 04.03.2017, alleging therein that the applicant came into the village Musoli and told the villagers that she is the member of one N.G.O. and took ` v220/- from each family for the purpose of vaccination of Hepatitis B, which, according to the applicant, would be scheduled on 30.03.2017 at Primary School Musoli.

It is submitted by the learned counsel for the applicant that the applicant is not named in the F.I.R. and the applicant has falsely been implicated in the instant case by the prosecution. He further submitted that the story of the prosecution is absolutely false and fabricated because nothing was recovered from the possession of the applicant. He also submitted that the applicant is languishing in jail since 04.03.2017.

It is the contention of the learned counsel for the applicant that, in fact, the applicant collected the money for vaccination of Hepatitis B, which was to be done on 30.03.2017, which was organized by Dr. Umesh Kumar Gupta, as told by the husband of the applicant; but, she was arrested on 04.03.2017. Therefore, the alleged offence has not been committed by the applicant.

Considering the submissions of the learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail at this stage.

The bail application is allowed.

Let the applicant be released on bail, on executing personal bond and furnishing two sureties, each of the like amount to the satisfaction of the Court oncerned.

(V.K. Bist, J.)

11.04.2017

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