Hemant Sharma vs State Of Uttarakhand

Alok Kumar Verma, J

The present applicant, namely, Hemant Sharma is in judicial custody under Sections 379, 411, 465, 468, 471 and Section 34 of the Indian Penal Code, 1860 and Section 35(1) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.442 of 2024, registered at Police Station Bhagwanpur, District Haridwar.

As per the First Information Report dated 03.06.2024, a motorcycle of the informant was stolen by someone on 01.06.2024.

Heard Mr. Himanshu, learned counsel for the applicant and Mr. Pratiroop Pandey, learned A.G.A. for the respondent.

Mr. Pratiroop Pandey, A.G.A., on instructions, submitted that during the investigation, the said stolen motorcycle and other stolen vehicles were recovered from the possession of the present applicant and co-accused.

Mr. Himanshu, Advocate, submitted that the applicant has been falsely implicated in the present matter. The said recoveries were planted. Applicant is in judicial custody since 27.09.2024, and, he is not a convicted person.

Mr. Pratiroop Pandey, A.G.A., has opposed the present Bail Application orally.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, 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 – Hemant Sharma 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.