Jakir vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with Case Crime No.157 of 2023, registered at police station Kotwali Sahaspur, District Dehradun.

As per the FIR dated 18.06.2023, on the intervening night of 14.06.2023/15.06.2023, eleven gas cylinders were stolen from the house of the informant. The First Information Report was registered against unknown person. During the investigation, the said cylinders were recovered at the instance of the present applicant and co-accused Lokesh Bhatia. Applicant is in judicial custody under Sections 379, 411 and 34 of the Indian Penal Code, 1860.

Heard Mr. Bilal Ahmed, learned counsel for the applicant and Ms. Manisha Rana Singh, learned AGA for the State.

Mr. Bilal Ahmed, learned counsel for the applicant submits that applicant is not named in the first information report. Nothing was recovered at his instance. Co-accused Lokesh Bhatia was granted bail by the Judicial Magistrate, Vikasnagar, District Dehradun. Applicant is a permanent resident of District Dehradun, therefore, there is no chance of his absconding.

On the other hand, learned counsel for the State has opposed the bail application.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason 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 – Jakir 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.