Jabir Ali vs State Of Uttarakhand

Ravindra Maithani, J

Applicant-Jabir Ali is in judicial custody in FIR No. 344 of 2021, under Sections 420, 467, 468, 471 & 120B IPC, Police Station Nanakmatta, District Udham Singh Nagar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, police had information that a gang in the area is active, which deals with the vehicles. They would change the number of the vehicles and in collusion with the Traffic Officers would sell them at a high cost. When a raid was conducted, it is the case of the prosecution that the applicant was arrested and from his possession many vehicles were recovered.

Learned counsel for the applicant would submit that the applicant is a scrap dealer. He has premises where vehicles are parked. There have been no complaints of any individual owner, whose trucks were allegedly recovered by the police.

Learned State Counsel would submit that the owners of the trucks were different persons. But, when the Court wanted to know as to whether the trucks are being given in the custody of the owners. Learned State Counsel would submit that still the trucks are in the police custody.

Learned State Counsel is also not in a position to tell as to whether the owners of any of the trucks recovered were ever informed by the police.

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.