Sadik 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 under Section 379 and Section 411 of the Indian Penal Code, 1860 in connection with the Case Crime No. 166 of 2023, registered at police station Sahaspur, District Dehradun.

As per the case of the prosecution, informant Rakesh Kumar’s motorcycle (Hero Honda Splendor Registration No. UK16B2320) was stolen on 29.06.2023. The First Information Report was registered against unknown persons. The stolen motorcycle was recovered from the possession of the present applicant on 01.07.2023. Upon conclusion of the investigation, charge-sheet has been filed.

Heard Mr. Ankur Sharma, learned counsel for the applicant (through video conferencing) and Mr. M. A. Khan, learned A.G.A. for the State.

Mr. Ankur Sharma, Advocate, contended that the applicant has been falsely implicated in the present matter. Applicant has not been named in the First Information Report. Nothing was recovered from his possession. The said recovery was planted. Applicant is not a previous convict. He is in custody since 01.07.2023. He is permanent resident of District Dehradun, therefore, there is no chance of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, the said offences are triable by Magistrate.

Learned counsel for the State has opposed the bail application.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, 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.

Bail Application is allowed.

Let the applicant – Sadik 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.