Vikas 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 Vikas, who is in judicial custody in FIR No.290 of 2022, under Sections 395, 397, 120-B 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 he was not arrested from the spot and no recovery of the alleged looted articles is made from the present applicant/accused; that, no T.I.P. of the looted articles or the applicant/accused was done after the arrest by the police and he has been falsely implicated in this case just for reason that he has got the criminal history of 14 cases against him and the confessional statement of the co-accused under the police custody.

Mr. V.K. Jemini, Deputy A.G. had appeared in the case on the previous date, but today he is not present before the Court. In his place Mr. Dinesh Chauhan, Brief Holder for the State would submit that there is no evidence against the applicant/accused except the confessional statement of the co-accused and the same is not admissible in the eyes of law.

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.