Navneet Shukla vs State Of Uttarakhand

Vivek Bharti Sharma, J

Applicant Navneet Shukla, who is in judicial custody in Case Crime No.89 of 2017, under Section 420 of IPC and under Sections 66, 66-C of I.T. Act, Police Station Kotwali Almora, District Almora, has sought his release on bail.

Heard learned counsel for the parties and perused the material available on file.

Learned counsel for the applicant would submit that there is no clinching evidence against the applicant/accused and if the evidence made part of the charge-sheet is believed, it is difficult to secure the conviction against the applicant/accused; the applicant is not named in the F.I.R.; he was not even present in the A.T.M. at the time of commission of alleged offence; he has been arrested on the basis of statement of co-accused; co-accused has already been released on bail and; the case of the present applicant/accused is much less than the co-accused.

Per contra, Mr. Sidhartha Bisht, Brief Holder for the State would vehemently oppose the bail application and would submit that the applicant/accused has criminal history of 07 cases. However, he does not dispute the fact that the co-accused has already been released on bail.

In the circumspection of facts, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a case for bail.

The bail application is, accordingly, allowed. Let the applicant be released on furnishing bail bond with two sureties in the amount of ₹ 35,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.