Naveen @ Navneet vs State of Uttarakhand

Hon''ble Prafulla C. Pant, J.—Heard.

Applicant- Naveen @ Navneet, who is in jail in connection with Crime No. 114 of 2010, relating to offences punishable u/s 396 and 412 of I.P.C., Police Station Patel Nagar, District Hardwar, has sought his release on bail.

The applicant is in jail since 14.05.2010 (for more than one and half year). Co accused Arshad and Rashid have already been granted bail by the learned Sessions Judge, about a year back.

Learned counsel for the state pointed out that applicant has criminal history of five cases. In reply to this learned counsel for the applicant submitted that co accused Arshad, who was granted bail by the Sessions Judge, had criminal history of fourteen cases. It is contended that applicant can not be languish in jail for an indefinite period particularly when the trial has not progressed in last more than one and half year. It is further submitted on behalf of the applicant that neither the applicant is named, nor Test Identification Parade is held to identify him.

In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that the applicant deserves bail.

The Bail Application is allowed. Let the applicant-Naveen @ Navneet, be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Dehradun. (Urgency Application No. 4251 of 2011 stands disposed of).