Mohd. Azam vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with Case Crime No.205 of 2023, registered at police station Ramnagar, District Nainital.

As per FIR, a sum of Rs. 10,000/-, earrings, ring and other articles were stolen from the informant’s house. FIR was registered against the unknown person under Section 380 and Section 457 of the Indian Penal Code, 1860. On 25.05.2023, said stolen Rs.10,000/-,earrings and ring were recovered from the possession of the applicant. Present applicant is in judicial custody under Section 380, Section 457 and Section 411 of the Indian Penal Code, 1860.

Heard Ms. Sheetal Selwal, learned counsel for the applicant and Mr. S.T. Bharadwaj, learned Deputy Advocate General for the State.

Ms. Sheetal Selwal, Advocate, contended that the applicant has been falsely implicated in the present matter. FIR was registered against the unknown persons. Nothing was recovered from the possession of the present applicant. The alleged recovery was planted. Applicant is in custody since 25.05.2023. He is a permanent resident of District Nainital, and, he has no criminal history.

Mr. S.T. Bharadwaj, learned Deputy Advocate General for the State has opposed the bail application. However, he fairly conceded that the applicant has no criminal history.

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.

The Bail Application is allowed.

Let the applicant- Mohd. Azam 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.