Sarafraj 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 in connection with the Case Crime No.320 of 2023, registered at police station Ranipur, District Haridwar. Applicant is in judicial custody under Section 411 of the Indian Penal Code, 1860.

As per the present case, jewellery was stolen from the house of the informant on 13.07.2023. The First Information Report was registered against co-accused Gurjeet Kaur. The stolen jewellery was purchased by the present applicant from the co-accused Gurjeet Kaur.

Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. M.K. Chand, learned A.G.A. for the State.

Mr. Gaurav  Singh, Advocate  contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. The said recovery was planted. Applicant has no criminal history. He is in custody since 16.07.2023. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding.

Mr. M.K. Chand, learned A.G.A. has opposed the bail application. However, he has fairly conceded that the applicant has no criminal history.

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-Sarafraj 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.