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Digamber Prakash Shah vs State of Uttarakhand

Uttarakhand High Court · Decided on 26 September 2011 · Citation: (2011) 09 UK CK 0078

HON’BLE JUDGES
Prafulla C. Pant, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 411
RESULT
Allowed
CASE NUMBER
1st Bail Application No. 787 of 2011

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Judgment

7 paragraphs · 182 words

Prafulla C. Pant, J.—Mr. B.S. Adhikari, Advocate, present for the applicant.

2.

Mr. B.S. Parihar, Brief Holder, present for the State.

3.

Heard.

4.

Applicant Digamber Prakash Shah, who is in jail in connection with Crime No. 27 of 2011, relating to offence punishable u/s 411 I.P.C., Police Station- Kotwali Champawat, District- Champawat has sought his release on bail.

5.

Learned Counsel for the applicant submitted that co-accused one Mohan Singh said to have robbed the ear tops of the complainant''s aunt. Applicant is jeweler of Devidhura in District-Champawat. It is pleaded that applicant had no reason to believe that the item brought to his shop was stolen item. The applicant has no criminal history.

6.

In the above circumstances, without expressing any opinion, as to the final merits of the case, this Court is of the view that the applicant deserves bail.

7.

The bail application is allowed. Let the applicant Digamber Prakash Shah, be released on bail on his executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Champawat.