Chuttan vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Chuttan is in judicial custody in FIR No. 171 of 2022, under Sections 380, 457, 411 & 120B of IPC and Sections 3/25 & 4/25 of the Arms Act, 1959, Police Station I.T.I., District Udham Singh Nagar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 03.05.2022, in the morning, the informant realized that various articles from his house had been stolen. When he checked CCTV camera, he could notice that four unknown persons had entered into lobby, armed with weapons and did commit that.

It is the case that on 18.05.2022, some items were recovered from the applicant.

Learned counsel for the applicant would submit that applicant is not connected with the case; nothing was recovered from him; there has been no identification; he is not a previous convict and it is a case fit for bail.

Learned State Counsel would submit that the articles were identified by the informant, but, according to him, test identification parade was not done and the applicant has not as such been identified by the informant. He would submit that the applicant is involved in six cases of similar nature, but, he could not tell the Court as to whether the applicant is a previous convict or not.

Having considered the entirety of facts as discussed above, this Court is of the view that it is a case fit for bail. The applicant deserves to be enlarged on bail.

The bail application is allowed.

Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.