Naagmani vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail 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.38 of 2023, registered at police station Muni Ki Reti, District Tehri Garhwal under Section 379 of the Indian Penal Code, 1860.

As per FIR, the purse of the informant was stolen on 08.05.2023. She (Informant) had kept Rs.20,000/- in her said purse. FIR was registered against unknown persons. During the investigation, Rs.1000/- (One thousand) and a mobile phone were recovered from the possession of the present applicant. She is in judicial custody for the offence under Section 379 and Section 411 IPC.

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

Mr. Prabhakar Joshi, Advocate contended that the applicant has been falsely implicated in the present matter; nothing was recovered from her possession; the alleged recovery was planted; applicant has not been convicted by any court; she is in custody since 08.05.2023, and, the said offences are triable by Magistrate.

Learned counsel for the State 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, 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- Naagmani be released on bail on her executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.