Kamran Kuraishi vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the First Information Report No. 253 of 2023, registered at police station Doiwala, District Dehradun.

Applicant is in judicial custody under Sections 392, 411 and Section 34 of the Indian Penal Code, 1860.

As per the First Information Report dated 20.08.2023, two unknown persons came on a motorcycle and snatched a gold chain from the neck of the informant’s mother on 19.08.2023.

Applicant was arrested along with a co-accused on 26.08.2023. The said chain was recovered from the possession of the co-accused.

Mr. B.N. Molakhi, Advocate, contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. He was arrested on his confessional statements. He has no criminal antecedents. He is a permanent resident of District Muzaffarnagar, therefore, there is no chance of his absconding, and, Test Identification Parade has not been conducted.

Mrs. Manisha Rana Singh, learned A.G.A. has opposed the bail application. However, she has fairly conceded that the said chain was not recovered from the possession of the present applicant and the applicant has no criminal history.

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 –Kamran Kuraishi 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.