BA1/1814/2021 of DEEPAK GUPTA ALIAS JAGDISH GUPTA Vs STATE OF UTTARAKHAND

HIGH COURT OF UTTARAKHAND AT NAINITAL

First Bail Application No. 1814 of 2021

Deepak Gupta @ Jagdish Gupta

...Applicant

Versus

….Respondent

State of Uttarakhand

Present:- Mr. Pradeep Chamyal, Advocate for the applicant. Mr. Lalit Miglani, A.G.A. for the State of Uttarakhand.

Hon’ble Ravindra Maithani, J.

Applicant Deepak Gupta @ Jagdish Gupta is in judicial custody, in FIR No. 60 of 2021, under Sections 380, 411, 413 and 457 IPC, Police Station – Tanakpur, District Champawat. He has sought his release on bail.

2. Heard learned counsel for the parties through video conferencing.

3. According to the case, the informant had left his house in custody of some person but when he returned on 11.06.2021, he found that golden jewellery and some cash was missing. report was lodged on 11.06.2021. According to the Police, on 29.06.2021, the applicant alongwith co-accused was arrested and at his instance, from some open space, stolen earrings and broken lock was recovered.

4. Learned counsel for the applicant would submit that it is false case; nothing was recovered from the applicant; he has been implicated falsely; applicant is not previous convict and there is no independent witness to the recovery.

5. Learned State Counsel admits that the applicant is not previous convict.

6. Having considered the rival submissions, under the facts and circumstances of the case, this Court is of the view that it is case fit for bail and the applicant deserves to be enlarged on bail.

7. The bail application is allowed.

8. Let the applicant, namely, Deepak Gupta @ Jagdish Gupta be released on bail, on her executing personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.

9. This bail order be forwarded to concerned Court as well as the concerned jail through e-mail also.

Ujjwal

(Ravindra Maithani, J.) 28.07.2021