BA1/1666/2023 of ASHRAF Vs STATE OF UTTARAKHAND

IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

24[th] JULY, 2023

FIRST BAIL APPLICATION NO. 1666 of 2023

Between:

Ashraf

..…Applicant

and

State of Uttarakhand.

…Respondent

Counsel for the Applicant : Mr. Deep Prakash Bhatt, Advocate.

Counsel for the State :

Mr. V.S. Rathore, A.G.A.

Hon’ble Alok Kumar Verma,J.

Present Application under Section 439 of the Code of Criminal Procedure, 1973 has been filed for grant of regular bail in connection with First Information Report No. 114 of 2023, registered at police station Khatima, District Udham Singh Nagar. Applicant is in judicial custody under Sections 380, 457, 411 of the Indian Penal Code, 1860.

2.As per FIR, two mangalsutra, three pair of earrings, four nath, mang tika and four silver anklets were stolen by breaking the lock of the channel of the informant’s room. FIR was registered on 13.03.2023 against the unknown persons. During the investigation, stolen property were recovered from the possession of the applicant on 28.05.2023.

3.Heard Mr. Deep Prakash Bhatt, learned counsel for the applicant and Mr. V.S. Rathore, learned A.G.A. for the State.

4.Mr. Deep Prakash Bhatt, Advocate, has submitted that the applicant has been falsely implicated in the present matter. He is not named in the First Information Report. Nothing was recovered from his possession. The alleged recovery was planted. He has not been convicted by any Court. The present matter is triable by Magistrate. He is in custody since 28.05.2023, and, he is permanent resident of District Udham Singh Nagar.

5.On the other hand, learned counsel for the State has opposed the bail application orally.

6.Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

7.The Bail Application is allowed.

8.Let the applicant –Ashraf be released on bail on his executing personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.

Let the applicant –Ashraf be released on bail on his

___________________

ALOK KUMAR VERMA, J.