Amit 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 Case Crime No. 1149 of 2022, registered at police station Bhagwanpur, District Haridwar.

Applicant is in judicial custody under Sections 396, 412 and Section 120B of the Indian Penal Code, 1860.

The case of the prosecution is that on 09.12.2022, informant- Mayank Kumar was going by e-rickshaw along with one Prabhakar Behra after withdrawing money from SBI Branch, Roorkee. Some unknown persons stabbed him and Prabhakar Behra and looted his money. One Prabhakar Behra died during the investigation. During the investigation, Rs. 60,000/- was recovered from the possession of the applicant. At the conclusion of the investigation, charge-sheet was filed.

Heard Mr. Pranav Singh, learned counsel for the applicant and Mr. Rakesh Negi, learned Brief Holder for the State.

Mr. Pranav Singh, Advocate, contended that the applicant has been falsely implicated in the present matter. He is an innocent person. Test Identification Parade of the applicant has not been conducted. The alleged money was not recovered from his possession. Applicant is not a previous convict. He is in custody since 15.12.2022. He is a permanent resident of District Yamuna Nagar, Haryana, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, the co-accused persons of the similar role have been granted bail by this Court.

Learned counsel for the State has opposed the bail application. However, he has conceded that the co-accused persons of the similar role 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, 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.

Bail Application is allowed.

Let the applicant – Amit 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 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 made clear that if the applicant misuses or violates any of the conditions, imposed upon him, application may be filed to cancel the bail order.