Mohd. Nazim vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for regular bail in connection with the First Information Report No.268 of 2024, registered at police station Bhagwanpur, District Haridwar.

The applicant-Mohd. Nazim is in judicial custody for the offence under Sections 379, 411 read with Section 34 of the Indian Penal Code, 1860.

As per the First Information Report, the motorcycle (Registration No. UP11AS7901) of the informant was stolen on 17.04.2024. The First Information Report has been lodged on 24.04.2024. It is alleged that along with the said vehicle, other stolen vehicles were also recovered from the possession of the applicant and co-accused.

Heard Mr. Pranav Singh, learned counsel for applicant and Mr. Pratiroop Pandey, learned A.G.A. for State.

Mr. Pranav Singh, Advocate, has contended that the applicant has been falsely implicated in the present matter. The First Information Report has been lodged with inordinate delay. Nothing was recovered from his possession. He is a permanent resident of District Saharanpur, therefore, there is no chance of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. He is not a previous convict, and, he is in judicial custody since 27.09.2024.

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, 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. Nazim 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.