Akshay Kashyap vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the First Information Report No. 348 of 2022, registered at police station I.T.I., District Udham Singh Nagar.

Applicant is in judicial custody under Sections 420, 467, 468, 471, 504, 506 and Section 120B of the Indian Penal Code, 1860.

The First Bail Application (No.999 of 2023) was dismissed as withdrawn on 06.11.2023.

The case of the prosecution is that one Kasam Hussain executed a sale deed of the property-in-question in favour of Smt. Dulari Devi, mother of the co-accused Ravindra Kumar, on 09.03.2016. Thereafter, Kasam Hussain, the co-accused, executed another sale deed of the same property on 10.01.2018 in favour of the informant of the present matter.

Heard Mr. Mani Kumar, learned counsel for applicant, Mr. Rakesh Negi, learned Brief Holder for State and Mr. AKhil Kumar Sah, learned counsel for informant/victim.

Mr. Mani Kumar, Advocate, contended that the applicant is an innocent person. The main accused, as per the prosecution, namely, Kasam Hussain has already been granted bail on 07.03.2023 and Ravindra Kumar, co-accused, has been granted bail on 08.08.2023. Applicant is in custody since 20.04.2023. He is a permanent resident of District Udham Singh Nagar, therefore, there is no likelihood of his absconding, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

On the other hand, Mr. Rakesh Negi, learned Brief Holder for State and Mr. Akhil Kumar Sah, learned counsel for informant/victim have opposed the bail application. However, they have fairly conceded that co-accused Kasam Hussain and co-accused Ravindra Kumar have been granted bail by this Court.

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 – Akshay Kashyap 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.