Danish vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in Case Crime No.510 of 2024, under Sections 392, 411 and 34 IPC, Police Station- Kotwali Jwalapur, District- Haridwar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 09.06.2024, at about 8:30-8:45 PM, when the informant was returning home, two motorcycle borne boys snatched her chain.

Learned counsel for the applicant would submit that the applicant is not named; there is no independent witness of the alleged recovery; the recovery is after 12 days of the incident; it is impossible that a person, who has snatched some article would keep that article with him for the next 12 days so as to be recovered by the police.

Learned State Counsel would submit that based on the information of the informant, on 21.06.2024, the applicant was arrested when the informant was called at the place of recovery.

One of the questions that would require deliberation during trial would be as to how the informer came to know that the applicant had snatched the chain? The incident is of night.

Having considered, this Court is of the view that it is a case fit for bail and 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.