Ankit 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 First Information Report No. 278 of 2023, registered at police station Jhabreda, District Haridwar.

As per FIR, informant had installed an iron gate in his field, which was stolen. The First Information Report was registered against unknown persons. The said stolen gate was recovered on 21.05.2023 from the possession of the present applicant and co-accused person. Applicant is in judicial custody under Section 379 and Section 411 of the Indian Penal Code, 1860.

Heard Mr. Sanjay Kumar, learned counsel for the applicant and Mr. S.T. Bhardwaj, learned Deputy Advocate General for the State.

Learned counsel for the applicant contended that applicant has been implicated in the present matter. The said recovery was planted. Co-accused has already been granted bail by Ist Additional Sessions Judge, Roorkee, District Haridwar. The said offences are triable by Magistrate and the applicant has not been convicted by any Court.

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

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.

The Bail Application is allowed.

Let the applicant – Ankit 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.