Mohan @ Sagar Ramola vs State Of Uttarakhand

Alok Kumar Verma, J

Heard Mr. Anil Kumar Dabral, learned counsel for the applicant and Mrs. Manisha Rana Singh learned A.G.A. for the State of Uttarakhand.

This First Bail Application has been filed by the applicant for grant of regular bail in connection with Case Crime No.48 of 2019, registered at Police

Station Ghansali, District Tehri Garhwal for the offences punishable under Sections 380 and 411 of the Indian Penal Code, 1860.

An First Information Report was lodged on 19.11.2019 by the informant. According to the FIR, on 15.11.2019, the father and mother of the

informant were in the house. In the morning, they saw that some ornaments and Rs.8,500/- were stolen by unknown persons. The FIR was registered

against the unknown persons. On 13.12.2019, some stolen ornaments were recovered from the applicant.

The learned counsel for the applicant submits that the applicant is innocent person; he is 24 years old; the applicant has been falsely implicated; he

is in Judicial Custody since 14.12.2019; he has no criminal history; the co-accused has been granted bail by this High Court.

The learned A.G.A. appearing for the State of Uttarakhand opposed the bail application, however, the learned A.G.A. concedes that the applicant

has no criminal history and the co-accused has been granted bail by this High Court. The learned counsel for the applicant further submits that five

other criminal cases are pending against the applicant.

The learned counsel for the applicant rebutted the submission of the learned State Counsel and submits that the applicant has been acquitted in all

five cases as mentioned by learned State Counsel.

The punishment under Sections 380 of the Indian Penal Code, 1860 are punishment for a term which may extend to seven years. In determining

whether to grant bail, the severity of the punishment should be taken into consideration.

Having considered the submissions of the learned counsel for both the parties and in the facts and circumstances of the case, without expressing

any opinion as to the merits of the case, this Court is of the view that the applicant deserves bail at this stage.

The first bail application is allowed.

Let the applicant 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.