Prince vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in FIR No. 520 of 2023, under Section 120B, 395, 412, 420, 467, 468, 471 IPC and Section 25/3 of the Arms Act, 1959, Police Station Kotwali Dehradun, District Dehradun. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 09.11.2023 at about 10:25 a.m., four persons entered into a jewellery showroom in Dehradun and looted jewellery on the gun point.

Learned counsel for the applicant would submit that there is no evidence against the applicant; the applicant entered into jail on 16.12.2023; Test Identification Parade was done on 03.02.2024, but the applicant was never kept baparda. Therefore, he would submit that this delay and not being baparda reduces the significance of alleged Test Identification Parade. Apart from it, it is argued that there is no other evidence against the applicant. It is also argued that co-accused have already been granted bail.

Learned State counsel admits that many co-accused have been granted bail. He would admit the factual narration about the date of entering into the jail by the applicant and date of identification. He also admits that the applicant was not baparda.

Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

The bail application is allowed.

Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.