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Saurabh & Others vs State Of Uttarakhand

Uttarakhand High Court · Decided on 20 September 2024 · Citation: (2024) 09 UK CK 0049

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Bharatiya Nyaya Sanhita, 2023 — Section 61(2), 115(2), 127(2), 140(2), 310(2), 317(3) · Arms Act, 1959 — Section 25(1B)
RESULT
Allowed
CASE NUMBER
First Bail Application No. 1543, 1584 Of 2024
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Judgment

11 paragraphs · 311 words

Ravindra Maithani, J

1.

Since both these bail applications arise from one and the same FIR, they are decided by this common order.

2.

Applicant Saurabh is in judicial custody in Case Crime/FIR No.0583 of 2024, under Sections 115(2), 127(2), 140(2), 310(2), 61(2), 317(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kotwali Manglaur, District Haridwar. Applicant Anirudh Chaudhary alias Kartik is in judicial custody in Case Crime/FIR No.583 of 2024, under Sections 115(2), 127(2), 140(2), 310(2), 61(2), 317(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 25(1B) of the Arms Act, 1959, Police Station Kotwali Manglour, District Haridwar. They have sought their release on bail.

3.

Heard learned counsel for the parties and perused the record.

4.

According to the FIR, the informant came to meet his female friend on 10.07.2024. They were proceeding from Roorkee to Rishikesh. FIR states that they were abducted and kept as hostages. A nude video of the informant was also made. Money was also demanded from him, which he paid.

5.

It is a prosecution case that, in fact, the female friend of the applicant was also involved in the case.

6.

Learned counsel for the applicants would submit that applicants are not named in the FIR; some recovery has allegedly been made from the applicants, but it is argued that no test identification parade has been done.

7.

Learned State Counsel admits that based on the statement of co-accused, the applicants were apprehended. He further admits that no test identification parade has been done.

8.

Having considered, this Court is of the view that the applicants deserve to be enlarged on bail.

9.

The bail application is allowed.

10.

Let the applicants be released on bail, on their executing personal bonds and furnishing two reliable sureties, by each one of them, each of the like amount, to the satisfaction of the court concerned.