BA1/343/2022 of SUNNY ALIAS SANDEEP KUMAR Vs STATE OF UTTARAKHAND

Court: Uttarakhand High Court
Decision date: 2022-05-07
Case number: 343 of 2022

Parties

BA1/343/2022 of SUNNY ALIAS SANDEEP KUMAR (PETITIONER)
STATE OF UTTARAKHAND (RESPONDENT)

Statutes cited (1)

indian penal code (1860)

Full text

solid underline = linked page · dashed underline = case is in our corpus, page not published yet · dotted red = recognized reference, not in our corpus

Show all Body

|**SL.** **No**|**Date**|**Office Notes,** **reports, orders or** **proceedings or** **directions and** **Registrar’s order** **with Signatures**||**COURT’S OR JUDGES’S ORDERS**|
|---|---|---|---|---|
|||||BA1 No.343 of 2022 **Hon’ble N.S. Dhanik, J.** Ms. Divya Jain, learned counsel for the applicant. Mr. Sachin Panwar, learned Brief Holder the State. Having been implicated in Case Crime No. 358 of 2021, under Sections 396, 120-B IPC, PS SIDCUL, District Haridwar, the present bail application has been moved on behalf of the accused applicant. Learned Counsel for the applicant would submit that the applicant has been falsely implicated; that the FIR was lodged against unknown persons with no specific name mentioned; that no offence is made out against the applicant; that the applicant has been framed merely on the basis of confessional statements of the co- accused; that nothing has been recovered from the possession of the applicant; that no identification parade was conducted; that the applicant was not even present on the alleged spot and no specific role was assigned to the applicant; that there is no independent witness; that the applicant has no previous criminal history and he is languishing in jail since 01.10.2021. Furthermore, she submitted that the co-accused, having similar role, have already been granted bail by this Court and the present applicant is also entitled for bail on the ground of parity. Learned State Counsel although opposed the bail application, but admitted that the co-accused has been granted bail and no test identificationparade was|

||||conducted. He also admitted that the applicant has no previous criminal history. Having heard learned counsel for the parties and considering the facts and circumstances of the case, and without any comment on the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Consequently, the bail application is allowed. Let the applicant be released on bail on his executing personal bond and furnishing two sureties, each in the like amount, to the satisfaction of Court concerned. Pending application, if any, stands disposed of. **(N.S. Dhanik, J.)** 07.05.2022 RV|
|---|---|---|---|