BA1/457/2025 of RUBINA Vs STATE OF UTTARAKHAND

Office Notes, reports, orders SL. No.Dateor proceedings or directions COURT’S OR JUDGE’S ORDERSand Registrar’s order with SignaturesBA1/457/2025Hon’ble Rakesh Thapliyal, J.1.Mr. S. K. Mandal, learned counsel for the applicant. 2.Mr. V. S. Pal, learned Assistant Government Advocate for the State. 3.Present applicant is in judicial custody in relation to Case Crime No. 719 of 2024, Police Station – Kotwali Roorkee, District – Haridwar registered on the basis of FIR dated 25.11.2024, which was lodged against some unknown persons under Section 103, 309 (6), 317 (2) of BNS, 2023. 4.Learned counsel for the applicant submits that applicant is not named in the FIR and there is no test identification parade and has been falsely implicated merely on the basis of the confessional statement made by the applicant in the police custody, which is not permissible. He further submits that applicant is languishing in jail since 28.11.2024 and whatever recovery has been shown that was planted by the investigating agency. 5.Per contra, Mr. V.S. Pal, learned AGA for the State submits that pipe wrench was recovered on the pointing out of the present applicant, which was shown to be used in the commission of crime. Not only this, jewellery, which was stolen from the house of the complainant, were also recovered from the house of the present applicant. 6.In response to this, Mr. S.K. Mandal, learned counsel for the applicant submits that there is no detail of jewellery, which was stolen from the house of the complainant, therefore, it cannot be said that jewellery which was recovered on the pointing out of the applicant belongs to the family of the deceased. 7.After hearing learned counsel for the parties and after gone through the FIR and other documents placed on record and further arguments advanced by learned AGA, this Court is not inclined to grant bail to the applicant, at this stage. 8.Accordingly, the bail application is rejected. (Rakesh Thapliyal, J.) 19.03.2025 SKS