Shekhar Chandra Masiwal vs State Of Uttarakhand

Vivek Bharti Sharma, J

Applicant Shekhar Chandra Masiwal, who is in judicial custody in FIR No. 387 of 2023 under Section 3, 4, 5, 6 & 8 of Immoral Traffic (Prevention) Act, 1956, Police Station Ramnagar, District Nainital, has sought his release on bail.

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

Learned counsel for the applicant/accused would submit that no specific role has been assigned to the applicant/accused in the F.I.R.; that, the applicant/accused has been falsely implicated in the case; that, the co-accused Parvinder Singh has already been granted bail by this Court vide order dated 05.10.2023; that, the offences alleged against the applicant/accused are not made out; that, the applicant/accused was arrested on 25.08.2023 without issuing any notice u/s 41A of Cr.P.C.; that, the applicant/accused has no previous criminal history and trial is likely to take some time.

Learned State Counsel would oppose the bail application, however, he does not dispute the submissions made by counsel for the applicant/accused.

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.

The bail application is, accordingly, allowed. Let the applicant/accused be released on furnishing bail bond with two sureties in the amount of Rs. 50,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.