BA1/583/2021 of SHIV KUMAR Vs STATE OF UTTARAKHAND

Court: Uttarakhand High Court
Decision date: 2021-08-23
Case number: 583 of 2021

Parties

BA1/583/2021 of SHIV KUMAR (PETITIONER)
STATE OF UTTARAKHAND (RESPONDENT)

Statutes cited (1)

indian penal code (1860)

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|**SL.** **No**|**Date**|**Office Notes,** **reports, orders or** **proceedings or** **directions and** **Registrar’s order** **with Signatures**||**COURT’S OR JUDGES’S ORDERS**|
|---|---|---|---|---|
|||||BAI No.583 of 2021 **Hon’ble R.C. Khulbe, J.** Mr. Vinod Chandra, learned counsel for the applicant. Mr. S.T. Bhardwaj, learned Dy. A.G. for the State. Accused–Shiv Kumar has sought his release on bail in connection with Case Crime/FIR No.373/2020, u/s 457, 380, 411 IPC, registered at P.S. Pathari, District Haridwar. It is argued that the accused has been falsely implicated; he is languishing in jail since 04.02.2021; the case is triable by the Magistrate; there is no evidence against him; he is ready to furnish the sureties and may be granted bail. Per contra, learned counsel for the State opposed for bail. Although, the accused is not named in the FIR, but he was arrested on 04.02.2021 and four mobile, one inverter, one battery, three laptop, one C.P.U., one CCTV camera etc. were recovered from the residence of the co-accused; there are five more criminal cases pending against him regarding the same nature of offence; there are chances for absconding. Looking to the aforesaid facts, the applicant does not deserve bail at this stage. The bail application is thus, dismissed. Needless to mention that the aforesaid observations are strictly for the purposes of deciding the bail application and those shall not have any bearing on the final merits of the trial. Pending application, if any, stands disposed of. **(R.C. Khulbe, J.)** **23.08.2021** BS|