Shamim & Others 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 First Information Report No.331 of 2023, registered at police station Kotwali Roorkee, District Haridwar.

As per First Information Report, some jewellery were stolen by unknown persons from the informant’s house. During the investigation, jewellery were recovered from the possession of the present applicants.

Heard Ms. Reema Rana, learned counsel for the applicants and Mr. V.K. Gemini, learned Deputy Advocate General for the State.

Ms. Reema Rana, Advocate contended that applicants have been implicated in the present matter. They are not named in the First Information Report. Nothing was recovered from their possession. They have no criminal history. They are permanent resident of District Haridwar. They are in custody since 22.05.2023 and the said offences are triable by Magistrate.

Learned counsel for the State has opposed the bail application. However, he has fairly submitted that applicants have 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 applicants 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 applicants deserve bail at this stage.

The Bail Application is allowed.

Let the applicants, namely, Shamim and Sameer 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.