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Jaiprakash Jatav @ J.P vs State Of Uttarakhand

Uttarakhand High Court · Decided on 6 May 2019 · Citation: (2019) 05 UK CK 0106

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 407, 413
RESULT
Allowed
CASE NUMBER
First Bail Application No. 739 Of 2019
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Judgment

8 paragraphs · 353 words

Ravindra Maithani, J

1.

Applicant Jaiprakash Jatav @ J.P., who is in judicial custody, in connection with Case Crime No. 503 of 2018, under Section 413 I.P.C., Police Station Bhagwanpur, District Haridwar has sought his release on bail.

2.

Heard Mr. Sachin Kumar Sharma, Advocate, holding brief of Mr. D.K. Tyagi, Advocate for the applicant and Ms. Mamta Joshi, Brief Holder for the State.

3.

In  the  instant  case,  an  FIR  was  lodged  on 25.12.2018 under Section 407 I.P.C. According to it, the first informant had booked a consignment of 307 carton boxes of electric fan from Rishikesh to Nagpur, Maharashtra on 18.08.2018. But, on 21.08.2018, they were informed that the consignment did not reach at the destination. The owner and driver of lorry was contacted but the first informant could not get the satisfactory reply from them.

4.

It is the case of the prosecution that on 01.10.2018 at Police Station Aitmadpur, District Agra, a vehicle bearing registration no. UP 80CT 2940 was intercepted and sugar, ten cartons of electric fans and other things were recovered from its occupants. At that time, it was revealed that they used to intoxicate the drivers of the transport vehicle and would thereafter took away articles loaded in those vehicles. In the same fashion, they looted the truck carrying electric fans and sold some of the fans to the applicant.

5.

Learned counsel for the applicant would argue that there is no connection between the recovered fans and the instant case. The applicant is not named in the FIR. There is no legally admissible evidence against him. Hence, it is case fit for bail.

6.

Having considered the submission, without expressing any opinion as to the final merits of the case and under the facts and circumstances of the case, this Court is of the view that the applicant deserves to be released on bail.

7.

The bail application is allowed. Let the applicant, namely, Jaiprakash Jatav @ J.P. 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.