Manish Kumar vs State Of Uttarakhand

Vivek Bharti Sharma, J

Applicant Manish Kumar, who is in judicial custody in Case Crime No.613 of 2022, under Sections 363, 34 of IPC, Police Station Kotwali Haridwar, District Haridwar, has sought her release on bail.

Heard learned counsel for the parties and perused the material available on file.

Learned counsel for the applicant would submit that the applicant/accused is an innocent person; that, he has falsely been implicated in the instant crime, no recovery has been made from the possession of the applicant/accused. He would further submit that the applicant/accused has not been named in the F.I.R.; that, he is languishing in jail since 25.12.2022; that, the co-accused person with similar role has already been granted bail by this Court vide order dated 11.05.2023 and 06.07.2023; that, the charge sheet has been filed, therefore, no purpose would be served by keeping the applicant/accused behind bars as there are bleak chances of conviction of the applicant/accused in the present case.

Learned counsel for the State vehemently opposed the bail application, however, he admitted at Bar that the co-accused with similar role has already been granted bail by this Court.

In the circumspection of facts as stated above, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a case fit for bail.

The bail application is, accordingly, allowed. Let the applicant be released on furnishing bail bond with two sureties in the amount of Rs. 35,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.