Uttarakhand High Court
Deepak Agarwal Alias Dinesh Gupta vs State Of Uttarakhand on 6 April, 2018
Author: V.K. Bist
Bench: V.K. Bist
I.A. No. 2540/2018 (Misc. Application) In BA1 No.242 of 2018 Hon'ble V.K. Bist, J.
Mr. Abhishek Verma, Advocate for the applicant.
Mr. Lalit Miglani, Brief Holder for the State of Uttarakhand.
Heard learned counsel for the parties.
Supplementary affidavit filed on behalf of the applicant is accepted on record. The misc. application, made therefor, stands disposed of.
Since certified copy of the rejection order has been annexed with the supplementary affidavit, the defect pointed out by the Registry stand cured.
This is first bail application moved by the applicant seeking regular bail in Case Crime No. 29 of 2016, under Section 420, 467, 468, 471 & 120-B of I.P.C., registered at Police Station Dalanwala, District Derhadun.
Learned counsel for the applicant submitted that the applicant has falsely been implicated in the instant crime; has no criminal history and is languishing in jail since 31.03.2017. He submitted that the F.I.R. is delayed one, inasmuch as, same has been registered after a lapse of two years of the alleged incident. He submitted that entire loan amount, including the interest, has been paid and even the co-accused has already been granted bail by the trial Court on this ground alone. He submitted that the applicant is the only bread earner in the family and, due to his detention, his family is at the verge of starvation. He stated 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 applicant and without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail at this stage.
The bail application is allowed. Let the applicant Deepak Agarwal @ Dinesh Gupta, 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.)
Arpan 06.04.2018