Abdul Kadir vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.111 of 2023, registered at police station Laksar, District Haridwar.

The present applicant – Abdul Kadir is in judicial custody under Sections 420, 467, 468, 471 and Section 34 of the Indian Penal Code, 1860.

The case of the prosecution is that the informant had given a cheque of Rs.4,00,000/- to the applicant on 09.04.2021 and Rs.5,00,000/- in cash on 11.08.2021 to get government job for her nephew, daughter and one Aftab.

Heard Mr. Bilal Ahmed, learned counsel for the applicant and Mr. Rakesh Negi, learned Brief Holder for the State.

Mr. Bilal Ahmed, Advocate, contended that the applicant has been falsely implicated in the present matter. The alleged amount has not been received by the applicant. The alleged cheque of Rs.4,00,000/- is also not reflected in the copy of the passbook available on the record. Applicant is a permanent resident of District Haridwar, therefore, there is no likelihood of his absconding. He is not a previous convict. He is in judicial custody since 13.02.2023. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Learned counsel for the State has opposed the Bail Application.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found 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.

The Bail Application is allowed.

Let the applicant – Abdul Kadir be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned on the following conditions:-

i) Applicant shall attend the Trial Court regularly and he shall not seek any unnecessary adjournment;

ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the court for cancellation of bail.