Rajendra Singh Alias Raju vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed for grant of regular bail in respect of First Information Report No.59 of 2023, registered at police station Kaladungi, District Nainital.

As per FIR, on 21.03.2023, a trident, bells and Rs.500/- - Rs.700/- were stolen by breaking the lock of the donation box of the temple. Informant was informed that the applicant was roaming around the temple at night. FIR was registered on 21.03.2023 at 09:47 hrs. and on the same day, Rs.740/- and some articles were recovered from the possession of the present applicant.

Applicant is in judicial custody for the offence under Sections 380, 411 and Section 457 of the Indian Penal Code, 1860.

Heard Mr. Bharat Tiwari, learned counsel for applicant and Ms. Shivangi Gangwar, learned Brief Holder for the State.

Mr. Bharat Tiwari, Advocate, for the applicant, has submitted that the applicant is an innocent person; he has been implicated in the present matter; nothing was recovered from his possession; he has not been convicted by any Court; he is a permanent resident of District Nainital; he is in custody since 21.03.2023 and charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

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 – Rajendra Singh Alias Raju 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.