Lalit Punetha vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No. 109 of 2021 (Criminal Case No.428 of 2023), registered at police station Kotwali Pithoragarh, District Pithoragarh.

Applicant is in judicial custody for the offence under Sections 406, 420 and Section 506 of the Indian Penal Code, 1860.

Mr. Amit Kapri, Advocate, contended that the applicant has been falsely implicated in the present matter. He was not named in the First Information Report. He has not received any money from any person. The Investigating Officer has not complied with the mandate of Section 41 and Section 41-A of the Code of Criminal Procedure, 1973. Three accused persons have already been granted bail by this Court. Applicant is a permanent resident of District Pithoragarh, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no possibility of tampering with the evidence, and, the applicant is in judicial custody since 14.02.2023

Mr. Pratiroop Pandey, Advocate, has opposed the Bail Application orally.

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