High CourtsSingle Bench

Meer Alam vs State Of Uttarakhand

Uttarakhand High Court · Decided on 23 June 2023 · Citation: (2023) 06 UK CK 0093

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 380, 411
RESULT
Allowed
CASE NUMBER
First Bail Application No. 1447 Of 2023
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Judgment

9 paragraphs · 305 words

Alok Kumar Verma, J

1.

Present Bail Application has been filed for grant of regular bail in connection with the Case Crime No. 289 of 2023, registered at Police Station Kotwali Roorkee, District Haridwar.

2.

As per the First Information Report, on 19.04.2023 at around 10:15 a.m., Rs. 40,000/-, keys of locker, four tola gold and one mobile were stolen by unknown person. First Information Report was registered under Section 380 of the Indian Penal Code, 1860. During the investigation, some jewellery were recovered from the possession of the present applicant on 21.04.2023. Applicant is in judicial custody for the offence under Section 380 and Section 411 IPC.

3.

Heard Mr. Mohd. Safdar, learned counsel for applicant and Mr. V.S. Rathore, learned A.G.A. for the State.

4.

Mr. Mohd. Safdar, Advocate, has submitted that applicant is an innocent person; he has been implicated in this matter; nothing was recovered from his possession; he has no criminal history; he is a permanent resident of District Haridwar and he is in custody since 21.04.2023.

5.

On the other hand, learned counsel for the State has opposed the bail application. However, he has submitted that CCTV camera is not available and applicant has no criminal history.

6.

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.

7.

The Bail Application is allowed.

8.

Let the applicant – Meer Alam 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.