Pankaj And Another 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 First Information Report No. 204 of 2023, registered at police station Ranipur, District Haridwar.

As per the First Information Report, informant went to Bareilly on 28.04.2023. On 29.04.2023, his neighbors informed him that the main gate of his house was open and a theft had taken place in his house. When he went to his house, he came to know that his laptop, a mobile phone, camera, scooty, cash and jewellery had been stolen. The First Information Report was registered against the unknown persons. During the investigation, the said scooty, mobile phone and some jewellery were recovered from the possession of the applicants on 16.05.2023. Applicants are in judicial custody under Sections 380, 411 and 457 of the Indian Penal Code, 1860.

Heard Mr. Ram Nivas Singh Rana, learned counsel for the applicants (through video conferencing) and Mrs. Manisha Rana Singh, learned A.G.A. for the State.

Mr. Ram Nivas Singh Rana, Advocate, contended that the applicants have been falsely implicated in the present matter. Nothing was recovered from their possession. The alleged recoveries were planted. Applicants have no criminal history.

On the other hand, learned counsel for the State has opposed the bail application. However, she has fairly conceded that the applicants have 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 applicants 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 applicants deserve bail at this stage.

The Bail Application is allowed.

Let the applicants – Pankaj and Ashok Kumar Sharma be released on bail on their executing personal bonds and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.