Ashok Sharma & Others 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.167 of 2023, registered at police station Bahadrabad, District Haridwar.

As per the First Information Report dated 13.05.2023, one TVS Jupiter and jewellery of Sanjay Yadav, a neighbour of the informant-Munnaram Yadav, were stolen in the intervening night of 11.05.2023/12.05.2023. First Information Report was registered against unknown persons. The said stolen scooty was recovered from the joint possession of the present applicants on 17.05.2023. Applicants are in judicial custody under Sections 380, 411 & Section 457 of the Indian Penal Code, 1860.

Heard Mr. Ram Nivas Singh Rana, learned counsel for the applicant (through video conferencing) and Mr. Pramod Tiwari, learned Brief Holder for the State.

Mr. Ram Nivas Singh Rana, Advocate contended that the applicants are innocent persons. They are not named in the First Information Report. Nothing was recovered from their possession. They are in custody since 17.05.2023. Applicants are not previous convict.

On the other hand, Mr. Pramod Tiwari, Brief Holder 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 applicants 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 applicants deserve bail at this stage.

The Bail Application is allowed.

Let the applicants, Ashok Sharma and Pankaj 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.