Deepak vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed for grant of regular bail in connection with the Case Crime No.92 of 2023, registered at police station Khanpur, District Haridwar.

Applicant is in judicial custody under Section 9, Section 39 read with Section 51 of the Wild Life (Protection) Act, 1972.

Two persons, including the present applicant, sitting on a motorcycle were arrested by the police party on 07.04.2023. Six turtles were recovered from a bag kept on the said motorcycle.

Heard Mr. Avidit Noliyal, learned counsel for the applicant and Mr. Bhaskar Joshi, learned A.G.A. for the State.

Mr. Avidit Noliyal, Advocate, contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. No independent witness was present at the time of the alleged recovery. The said recovery was planted. Applicant has no criminal history. He is in custody since 07.04.2023. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, co-accused of the similar role, namely Arun Kumar, has been granted bail by this Court.

Mr. Bhaskar Joshi, A.G.A. appearing for the State has opposed the bail application. However, he conceded that the applicant does not have any criminal antecedents.

At this stage, the said circumstances of the present case give rise to a reasonable ground to presume that the applicant may not be held guilty of the alleged offence and there is nothing on record which may give rise to a reasonable apprehension that the applicant is likely to commit any offence, in case, he is released on bail.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicant 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 applicant deserves bail at this stage.

The Bail Application is allowed.

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