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Sajjad Ansari vs State Of Uttarakhand

Uttarakhand High Court · Decided on 4 October 2023 · Citation: (2023) 10 UK CK 0007

HON’BLE JUDGES
Vivek Bharti Sharma, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 420 · Information Technology Act, 2008 — Section 66
RESULT
Allowed
CASE NUMBER
First Bail Application No. 2103 Of 2022
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Judgment

12 paragraphs · 361 words

Vivek Bharti Sharma, J

1.

Applicant Sajjad Ansari, who is in judicial custody in FIR No. 152 of 2021 under Section 420 of I.P.C. and Section 66 of Information Technology Act, 2008, Police Station Rudrapur, District Udham Singh Nagar, has sought his release on bail.

2.

Heard learned counsel for the parties and perused the material available on file.

3.

Learned counsel for the applicant/accused would submit that the applicant/accused is an innocent person; that, he has falsely been implicated in the instant crime; that, he is languishing in jail since 24.12.2021; that, the charge sheet has been filed on 21.12.2021; that, no witnesses have been examined till date. He would further submit that co-accused Vikas Kumar has been arrayed as witness of the case; that, the other co-accused Sandeep Singh is not traceable till date; that, the trial is likely to take some time, therefore, no purpose would be served by keeping the applicant/accused in jail.

4.

Per contra, Mr. M. A. Khan, A.G.A. for the State vehemently opposed the bail application and would submit that the witnesses have been examined in the trial court, however, he admitted that the co-accused Vikas Kumar has been arrayed as witness of the case.

5.

In the circumspection of facts as stated above, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a case fit for bail.

6.

The bail application is, accordingly, allowed.

7.

Let the applicant be released on bail subject to the following conditions:-

(i) The applicant/accused shall furnish bail bond with two sureties in the amount of ₹ 70,000/- and personal bond in the like amount to the satisfaction of the learned Trial Court.

(ii) The applicant shall not leave the State of Uttarakhand without prior permission of the concerned court.

(iii) He shall deposit his passport with the court concerned. The passport may only be returned by the order of the court concerned. In case the applicant does not have passport, he shall give an undertaking to that effect to the court concerned.

(iv) The applicant shall also give an undertaking on (ii) & (iii).