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Judgment
5 paragraphs · 337 wordsV.K. Bist, J.—Mr. Avtar Singh Rawat, Advocate holding brief of Mr. Lalit Mohan Verma, Advocate present for the applicant and Mr. Prabhakar Joshi, Brief Holder present for the State.
Heard learned Counsel for the parties.
Learned Counsel for the applicant has submitted that as per the prosecution story on 22.10.2009 police of P.S. Cantt., Dehradun allegedly recovered forged debit/credit cards, one 29 laptop, one iron machine, card swap machine alongwith charger and forged photo identity card as well as electoral identity cards from the possession of the present applicant from Hotal Akashdeep, Dehradun. On the basis of the said recovery a Case Crime No. 188/2009 under Sections 420, 467, 468 & 471 I.P.C. was registered against the applicant. Learned Counsel for the applicant has submitted that the applicant has been falsely implicated in the present case by the complainant/police party in an extremely blatant manner and has been made a scapegoat in the said case. He further submitted that the alleged recovery is said to have been made on 22.10.2009 from Hotel Akashdeep, Dehradun from Room No. 144 on the pointing out of the applicant whereas the matter of fact is that the applicant had already checked out from hotel on 21.10.2009 and on 22.10.2009 the said room was vacant, as per the entries of Hotel Akashdeep. He further submitted the alleged recovery is said to have been made at day time but surprisingly neither any person from the staff of the said Hotel has been shown as witness by the police nor any independent witness from the public is shown.
Having heard learned Counsel for the parties and considering the facts and circumstances and perusing the material available on record and also without expressing any opinion on merit of the case, in my opinion the applicant deserves bail at this stage.
Let applicant-Yaseen Abdul Saiyyad be released on bail on his executing a personal bond and furnishing two local 30 sureties each in the like amount to the satisfaction of C.J.M. concerned.