Sagheer Khan vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail 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.215 of 2023, registered at police station Rudrapur, District Udham Singh Nagar under Section 420 and Section 120 B of the Indian Penal Code, 1860.

As per FIR, informant had booked two plots. Despite receipt of the cost of the said plot from the informant, the sale deed was not executed by the applicant.

Heard Mr. T.A. Khan, learned Senior Advocate assisted by Mr. Mohd. Shafy, learned counsel for applicant, Mr. Pramod Tiwari, learned Brief Holder for State and Mr. Ahrar Baig, learned counsel for informant/victim.

This fact is not disputed between the parties that sale deed has been executed by the applicant-accused in favour of the informant on 06.05.2023 and the name of the informant has been mutated on the said property.

Mr. T.A. Khan, learned Senior Advocate contended that the charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant is in custody since 27.04.2023, and, the said offences are triable by Magistrate.

Mr. Pramod Tiwari, Brief Holder and Mr. Ahrar Baig, Advocate have opposed the bail application.

Having considered the submissions 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 – Sagheer Khan, 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.