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Judgment
15 paragraphs · 264 wordsSudhanshu Dhulia, J. (Oral)
Heard Mr. Mohd. Safdar, Advocate for the applicant and Mr. Pramod Tiwari, Brief Holder for the State.
The applicant is in jail having been implicated in Case Crime No. 134 of 2018, which has been registered under Sections 411/414/468 and 471 of IPC,
at Police Station SIDCUL, District Haridwar.
Consequent upon a complaint moved under Section 156(3) of CrPC, a First Information Report was lodged on 13.04.2018 in the present matter. The
alleged incident is of 1/2.1.2018.
Learned counsel for the applicant submits that the first information report has been lodged belatedly i.e. after a period of more than three months of
the alleged incident and the present applicant is not named in the FIR and he has been implicated only on the basis of the statement of the co-accused.
Learned counsel for the applicant submits that the applicant is in jail since April, 2018.
Considering the overall facts and circumstances of the case and the fact that the applicant is in jail since April 2018, prima facie, the applicant has
been able to make out a case for bail at this stage. The bail application is allowed accordingly.
Let the applicant be enlarged on bail in the aforesaid crime on his executing a personal bond and two reliable sureties each in the like amount to the
satisfaction of the Magistrate concerned/Court concerned.
It is made clear that any observation made by this Court is only for the purpose of deciding the present bail application and the same shall not be taken
into consideration at all in any other proceedings.