Tasavvar vs State Of Uttarakhand

Vivek Bharti Sharma, J

Delay Condonation Application being IA No.1/2023 has been filed by the State for condoning the delay in filing the counter affidavit. Delay is condoned. Counter affidavit is taken on record. Application made, therefor, stands disposed of.

Applicant Tasavvar, who is in judicial custody in FIR No.290 of 2022, under Sections 395, 397, 120-B, 412 of IPC, Police Station Ranipur, District Haridwar, has sought his release on bail.

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

Learned counsel for the applicant would submit that the applicant/accused is languishing in jail since 13.06.2022 and the charge sheet has been filed; that, he has no criminal history and the trial court is likely to take considerable time for completion.

Mr. Dinesh Chauhan, Brief Holder for the State would oppose the bail application, however, he would submit that there is no evidence against the applicant/accused except that the looted articles were recovered from the accused/applicant; however, he would admit at Bar that no T.I.P. of the looted articles or the applicant/accused was done and there is no statement in the case diary about the efforts made by the I.O. regarding the T.I.P.

In view of the above, but, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a fit case for bail.

The bail application is, accordingly, allowed. Let the applicant be released on furnishing bail bond with two sureties in the amount of ₹60,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.