Shahzad And Two Others vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for regular bail under Sections 303(2), 317(2) and Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 in connection with the Case Crime No. 372 of 2024, registered at police station Piran Kaliyar, District Haridwar.

The informant had parked his four wheeler vehicle (Registration No. U.K.08 CV-2985) in the ground of Village Mehvad on 11.08.2024, which was stolen. It is alleged that along with the said vehicle, two other stolen vehicles were also recovered from the possession of the applicants.

Heard Mr. Shashi Kant Shandilya, learned counsel for the applicants and Ms. Manisha Rana Singh, learned A.G.A. for the State.

Mr. Shashi Kant Shandilya, Advocate, has contended that the applicants have been falsely implicated in the present matter. The First Information Report has been lodged with inordinate delay on 17.08.2024. Nothing was recovered from their possession. They are not the previous convicts. Applicant no. 1 and applicant no. 2 are the permanent resident of District Moga, Punjab and applicant no. 3 is a permanent resident of District Hosiyarpur, Punjab, therefore, there is no likelihood of their absconding, and, they are in judicial custody since 15.09.2024.

On the other hand, Ms. Manisha Rana Singh, learned A.G.A. has opposed the Bail Application orally.

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 applicants deserve bail at this stage.

The Bail Application is allowed.

Let the applicants – Shahzad, Irshad Khan and Fariyad Khan be released on bail on their executing personal bonds and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.