BA1/1817/2020 of AEEK Vs STATE OF UTTARAKHAND

Ateek

HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No. 1817 of 2020

………….......Applicant

State of Uttarakhand

Present:

Mr. Abhishek Verma, counsel for the applicant. Mr. Sachin Panwar, Brief Holder for the State.

…………...Respondent

Hon’ble Ravindra Maithani, J.(Oral)

The applicant – Ateek is in judicial custody in Sessions Trial No. 220 of 2014, State vs. Islam and others, under Sections 379, 411 and 413 IPC, in the Court Additional Sessions Judge, Udham Singh Nagar, at Rudrapur. He has sought bail for his release.

2. Heard learned counsel for the parties through Video Conferencing and perused the material available on records.

3. Learned counsel for the applicant would submit that the applicant could not appear on the date of hearing because he was arrested in some other cases. He had no intention to run away; the informant and witness of recovery have not supported the prosecution case; prosecution has examined PW1 Shahid and PW2 Irfan Ali.

4. On behalf of the State, it is submitted that the applicant has criminal history, though according to learned State counsel, witnesses have not supported the prosecution case.

On behalf of the State, it is submitted that the applicant

5. Having considered, this Court is of the view that the applicant deserves to be enlarged on bail.

6. Bail application is allowed. Let the applicant- Ateek be enlarged on bail, on his executing personal bond and furnishing two

sureties, each of the like amount, to the satisfaction of the Court concerned.

7. Let copy of this order be sent to the concerned court and jail through e-mail also.

Kaushal

(Ravindra Maithani, J.) 23.09.2020