BA1/366/2022 of DIPESH KUMAR Vs STATE OF UTTARAKHAND

|**SL.**<br>**No**|**Date**|**Office Notes,**<br>**reports, orders or**<br>**proceedings or**<br>**directions and**<br>**Registrar’s order**<br>**with Signatures**||**COURT’S OR JUDGES’S ORDERS**|
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|||||BAI No. 366 of 2022<br>**Hon’ble N.S. Dh an ik , J .**<br>Mr. Bhuwan Bhatt, learned counsel<br>for the applicant.<br>Mr. Dinesh Chauhan, learned Brief<br>Holder for the State of Uttarakhand.<br>Heard<br>learned<br>counsel<br>for<br>the<br>parties.<br>This is first bail application moved<br>on<br>behalf<br>of<br>the<br>applicant<br>seeking<br>regular bail in connection with FIR/ Case<br>Crime No. 0358 of 2021 for the offence<br>punishable under Sections 396, 412 &<br>120-B registered at P.S. SIDCUL, District<br>Dehradun.<br>I t is argued by learned counsel for<br>the applicant that the applicant has<br>falsely<br>been<br>implicated;<br>that<br>the<br>applicant has no criminal history in his<br>credit; and that he is languishing in jail<br>since 20.09.2021. He further submits<br>that the applicant is neither named in<br>the FIR nor arrested on the spot; that<br>there is no recovery from the possession<br>of the applicant; that is no independent<br>witness of the alleged recovery i.e. of Rs.<br>Fifteen Thousand; that neither there is<br>any eye witness of the alleged incident<br>nor has any test identification test been<br>conducted; that Sections 396, 120-B and<br>412 of IPC are attracted against the<br>applicant; that one of the co-accused,<br>namely, Vishal Kumar, having similar<br>role, has already been granted bail by<br>this<br>Court<br>on<br>07.05.2022<br>and<br>the<br>present applicantis also entitledforbail|

|at least on the ground of parity.|
|---|
|Learned<br>State<br>Counsel<br>although|
|opposed<br>the<br>bail<br>application,<br>but|
|admitted that the co-accused has been|
|granted bail by this Court and no test|
|identification parade was conducted. He|
|also admitted that the applicant has no|
|previous criminal history.|
|Considering<br>the<br>facts<br>and|
|circumstances<br>of<br>the<br>case,<br>without|
|expressing any opinion as to the final|
|merits of the case, this Court is of the|
|view that the applicant deserves bail at|
|this stage on the ground of parity.|
|The bail application is allowed.|
|Let the applicant be released on|
|bail, on executing personal bond and|
|furnishing two reliable sureties, each of|
|like amount, to the satisfaction of Court|
|concerned.|
|All<br>pending<br>applications<br>stand|
|disposed of, if any.|
|<br>**( N.S. Dhan ik , J.)**<br>09.05.2022|
|SB|