Uttarakhand High Court
Shahzad vs State Of Uttarakhand on 21 February, 2018
Author: V.K. Bist
Bench: V.K. Bist
BA1 No. 92 of 2018 Hon'ble V.K. Bist, J.
Mr. Ankur Sharma, Advocate for the applicant.
Mr. D.S. Chauhan, Brief Holder for the State of Uttarakhand.
Heard learned counsel for the parties.
The applicant- Shahzad is seeking regular bail in connection with Case Crime No. 354 of 2017, relating to offences punishable under Sections 457, 380, 411 of I.P.C., registered at Police Station Patel Nagar, District Dehradun.
An F.I.R. has been registered by the complainant, alleging therein that, on 24.06.2017, the complainant went to his native place Bulandshahar and when he returned back to his house on 27.06.2017, he saw that a cylinder (Indane), LED (Hier), two Laptops (HP & Lenovo) and motorcycle Honda Twiswer were found to be stolen by some known persons.
Learned counsel for the applicant submitted that applicant has falsely been implicated in the instant crime; has no previous criminal history and is languishing in jail since 27.07.2017. He submitted that nothing has been recovered from the possession of the applicant on his pointing out; therefore, no offence under Section 457, 380, 411 of I.P.C. is made out against the applicant. Learned counsel for the applicant submitted that in case, the applicant is granted bail he will not misuse the same and will furnish the bail surety as per the satisfaction of this Court.
Considering the submission of learned counsel for the parties, and without expressing any opinion as to final merits 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 be released on bail, on executing personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the Court concerned.
(V.K. Bist, J.) 21.02.2018 Navin