High CourtsSingle Bench(2023) 05 UK CK 0009

Rajendra Kumar@Rajendra Sen S/o Shri Haraprased Sen vs State Of Uttarakhand

Uttarakhand High Court · Decided on 2 May 2023

HON’BLE JUDGES
Vivek Bharti Sharma, J
RESULT
Allowed
CASE NUMBER
First Bail Application No. 794 Of 2023

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Judgment

8 paragraphs · 285 words

Vivek Bharti Sharma, J

1.

Applicant Rajendra Kumar@Rajendra Sen, who is in judicial custody in Case Crime/F.I.R. No. 261 of 2021, under Sections 420, 504 & 506 of I.P.C., Police Station Ramnagar, District Nainital, has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

Learned counsel for the applicant-accused would submit that the applicant is in judicial custody since long; the cognizance against the applicant-accused has been taken under Section 420, 504 & 506 of I.P.C. on 05.01.2022; the charges have been framed but no evidence has been recorded by the learned court below till now. He would further submit that nothing has been recovered from the applicant-accused; the charge-sheet has already been filed; no purpose would be served by keeping the applicant behind the bars as the trial is likely to take long time.

4.

Learned State counsel Ms. Manisha Singh Rana would vehemently oppose the bail application on the ground that the offences against the applicant/accused are serious in nature by misrepresenting and taking money from an innocent person by giving a false promise, which he never intended to fulfil at any stage at the time of such promise.

5.

Having considered the entirety of the facts, without expressing any opinion on the final merits of the case, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

6.

Accordingly, the bail application is allowed.

7.

Let the applicant- Rajendra Kumar@Rajendra Sen be released on bail, on furnishing bail bond with two sureties in the amount of Rs. 50,000/- and personal bond in like amount to the satisfaction of the court concerned.