Arvind & Another vs State Of Uttarakhand

Alok Kumar Verma, J

These two bail applications have been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with FIR No.414 of 2021, registered with Police Station Kotwali Ranipur, District Haridwar for the offence under Sections 379, 411 read with Section 34 of IPC.

According to the First Information Report, a vehicle, bearing No.U.K.08AF6929, was stolen at 9:00 hours’ on 12.09.2021. The First Information Report was registered against unknown persons. The said vehicle was recovered from the joint possession of the applicants-accused persons.

Heard Mr. Gaurav Singh and Mr. Bilal Ahmed, learned counsel for the applicants and Mr. V.S. Rathore, learned AGA for the State.

The learned counsel for the applicants submitted that the applicants have been falsely implicated in this matter; the recovery is false and planted; the applicants are in custody since 14.09.2021; the said offences are triable by Magistrate and the charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

The learned counsel for the State opposed the bail applications.

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 applicants behind the bars for an indefinite period, therefore, without expressing any opinion as to the merits of the case, this Court is of the view that the applicants deserve bail at this stage.

The bail applications are allowed.

Let the applicants Arvind and Sandeep Alias Kallu Alias Bhopal be released on bail on their executing personal bonds and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.