Vijay Singh Negi 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 the Case Crime No.39 of 2023, registered at police station Rudrapur, District Udham Singh Nagar.

The present applicant is in judicial custody under section 364A of the Indian Penal Code, 1860.

Heard Mr. Mani Kumar, Advocate for the applicant and Mr. Bhaskar Chandra Joshi, A.G.A. for the State.

Mr. Mani Kumar, Advocate, contended that the applicant has been falsely implicated in the present matter. He does not have any criminal antecedents. He is a permanent resident of District Nainital, therefore, there is no chance of his absconding. Two co-accused persons, namely, Sumit Dhoni and Mahendra Pal @ Bhupendra, have been granted bail by the Coordinate Bench, and applicant is in custody since 18.01.2023.

Learned counsel for the State has opposed the Bail Application orally. However, he has conceded that two co-accused persons have been granted bail by the Coordinate Bench.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicant 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 applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant – Vijay Singh Negi be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.