Uttarakhand High Court
BA1/1925/2023 on 12 October, 2023
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
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12.10.2023 BA1 No. 1925 of 2023
Hon'ble Rakesh Thapliyal, J.
1. Mr. Naman Kamboj, learned counsel appears for the applicant and Mr. Saurabh Pandey, learned Brief Holder appears for the State.
2. The applicant is seeking bail in relation to FIR No. 108 of 2023 for offences cognizable under Sections 419, 420, 380, 465, 467, 468, 471, and 411 of IPC, Police Station Kathgodam, District Nainital.
3. The case of the prosecution is that a First Information Report was lodged on 21.07.2023 at Police Station Kathgodam, District Nainital, wherein it was alleged that the present applicant, after tempering with ATM Machine, withdrew Rs. 10,000/- from the Account.
4. Counsel for the applicant submits that there was some technical defect in the ATM Machine, and when the applicant was withdrawing money from the ATM Machine, then there was some technical error. He further submits that in fact, the applicant, by using the ATM, wanted to withdraw the money, however, the slip was showing some erroneous transaction, and on the basis of such slip of erroneous transaction, the applicant was arrested at the spot.
5. Counsel for the applicant further submits that the applicant is in jail since 21.07.2023 and he has no criminal history. In the counter-affidavit filed by the State, this fact has not been disputed that the applicant has no criminal history, however, the history of the applicant was awaited from other agency, and today, on instructions, the State counsel submits that the applicant has no criminal history.
6. Apart from the above, the counsel for the applicant submits that all the offences are triable by Magistrate, and since after investigation, a charge- sheet has been filed and cognizance has been taken, there is no question that after being released on bail, the applicant will make any attempt to temper with the evidence and will cooperate with the trial.
7. Without expressing any opinion on the merits of the case, this Court is of the view that this is a fit case for grant of bail.
8. The Bail Application is allowed. Let the applicant be enlarged on bail on furnishing his personal bond and two reliable sureties each of the like amount to the satisfaction of the Court concerned.
(Rakesh Thapliyal, J) 12.10.2023 Rathour