Pramod Kumar Alias Ritik 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 the First Information Report No.160 of 2023, registered at police station Kashipur, District Udham Singh Nagar. Applicant is in judicial custody under Sections 379, 411, 414 and Section 34 of the Indian Penal Code, 1860.

According to the First Information Report dated 25.03.2023, one motorcycle of the informant was stolen by the unknown persons on 20.03.2023. During the investigation, the said stolen motorcycle was recovered along with other motorcycles on the pointing out of the applicant and co-accused Gaurav Kumar.

Heard Mr. Shariq Khurshid, learned counsel for the applicant and Mr. S.T. Bhardwaj, learned Deputy Advocate General for the State.

Mr. Shariq Khurshid, Advocate contended that applicant has been falsely implicated in the present matter. Nothing was recovered at the pointing out of the applicant. The alleged recovery was planted. He has not been convicted by any court. Applicant is a permanent resident of District Moradabad (U.P.). The said offences are triable by Magistrate. Charge-sheet has already been submitted, therefore, there is no chance of tampering with the evidence and co-accused Gaurav Kumar has been granted bail by this Court.

Learned counsel for the State has opposed the bail application orally.

Having considered the submission 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-Pramod Kumar alias Ritik 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.