Danish vs State Of Uttarakhand

Ravindra Maithani, J

Since both these bail applications arise from the same FIR, they are being decided by this common order.

Applicants-Danish s/o Jabir and Danish s/o Muzaffar are in judicial custody in FIR/Case Crime No.1156 of 2022, under Sections 392, 411 & 120B IPC, Police Station Kotwali Manglaur, District Haridwar. They have sought their release on bail.

Heard learned counsel for the parties and perused the record. Learned counsel for the applicants appeared through video conferencing.

According to the FIR, on 13.10.2022 when the informant was proceeding towards Roorkee, three persons on a motorcycle came from behind and snatched the bag from the informant which had money.

Learned counsel for the applicants would submit that applicants are innocent. They have been falsely implicated. There has been no test identification either of the applicants or any money that has allegedly been recovered from them. It is submitted that the alleged recovery has been shown after 22 days of the alleged incident.

Learned State Counsel would submit that in the accounts of the applicants, the amounts were deposited, post incident. He would submit that the money was also recovered from the applicants.

Admittedly, there has been no test identification of the applicants or the articles as recovered. Particularly, there has been no specific identification of the money as allegedly recovered from the applicants. It makes out a case for bail.

Having considered, this Court is of the view that it is a case fit for bail. Accordingly, the applicants deserve to be enlarged on bail.

The bail applications are allowed.

Let the applicants be released on bail, on their executing a personal bond and furnishing two reliable sureties, each of the like amount, for each one of them to the satisfaction of the court concerned.