BA1/459/2022 of MEHRAJ KHAN Vs STATE OF UTTARAKHAND

Court: Uttarakhand High Court
Decision date: 2022-09-26
Case number: 459 of 2022

Parties

BA1/459/2022 of MEHRAJ KHAN (PETITIONER)
STATE OF UTTARAKHAND (RESPONDENT)

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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. 459 of 2022 **Hon’ble N.S. Dh an ik , J .** Mr. Aditya Pratap Singh, learned counsel for the applicant. Ms. Mamta Joshi, learned Brief Holder for the State. Heard learned counsel for the parties. This is first bail application moved on behalf of the applicant seeking regular bail in connection with FIR No. 802 of 2021 for the offence punishable under Sections 420, 468 and 411 IPC registered at P.S. Bhagwanpur, District Haridwar. I t is argued by learned counsel for the applicant that the applicant has been falsely implicated; and that he is languishing in jail since 11.12.2021. He further submits that Section 420 and 468 IPC have been invoked in very casual manner by the concerned Investigating Officer without there being any evidence of it; that the applicant has been scapegoat and linked to the present case as other cases were also registered against him despite the fact that there is no independent witness of the alleged recovery; that the offence are triable by Magistrate; and that the charge sheet has already been filed, thus, there is no chance of tampering with the evidence. Learned State Counsel opposed the bail application and contended that on the pointing out of the present applicant, six motorcycleswererecoveredfrom|

|the applicant and other two accused|
|---|
|under Section 27 of Indian Evidence Act,|
|1872. She further submits that there are|
|three pending cases against the present|
|applicant. To this, learned counsel for|
|the applicant would submit that the|
|entire criminal history of the accused is|
|connected to the one incident i.e. the|
|recovery of six bikes from three accused|
|persons.|
|Considering the facts and|
|circumstances of the case, 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.|
|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 pending applications stand|
|disposed of, if any.|
| **( N.S. Dhan ik , J.)** 01.04.2022|
|SB|