Gurvinder Singh @ Manga vs State Of Uttarakhand on 16 July, 2021

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Uttarakhand High Court

Gurvinder Singh @ Manga vs State Of Uttarakhand on 16 July, 2021

Bench: Ravindra Maithani

       HIGH COURT OF UTTARAKHAND AT NAINITAL


                     First Bail Application No. 1532 of 2021

Gurvinder Singh @ Manga                                              ...Applicant

                                       Versus

State of Uttarakhand                                               ....Respondent


Present:-
Mr. T.P.S. Takuli, Advocate holding brief of Mr. Sunder Singh Mehra, Advocate for the
applicant.
Mr. S.S. Adhikari, Deputy Advocate General with Mr. Balwinder Singh, Brief Holder for
the State.



                                         With
                     First Bail Application No. 1173 of 2021

Rohit Kumar                                                          ......Applicant

                                       Versus

State of Uttarakhand                                               ......Respondent


Present:-
Mr. Vikas Kumar Guglani, Advocate for the applicant.
Mr. S.S. Adhikari, Deputy Advocate General with Mr. Balwinder Singh, Brief Holder for
the State.



                                         With
                     First Bail Application No. 1378 of 2021

Aakashdeep                                                           ......Applicant

                                       Versus

State of Uttarakhand                                               ......Respondent


Present:-
Mr. Raj Kumar Singh, Advocate for the applicant.
Mr. S.S. Adhikari, Deputy Advocate General with Mr. Balwinder Singh, Brief Holder for
the State.
                                         2


Hon'ble Ravindra Maithani, J.

Applicants Gurvinder Singh alias Manga, Rohit Kumar and Aakashdeep are in judicial custody, in FIR No.81 of 2021, under Sections 395, 412, 34 IPC, Police Station Lalkuwan, District Nainital. They have sought their release on bail.

2. Heard learned counsel for the parties through video conferencing.

3. According to the FIR, on 19.03.2021, the informant had gone to meet Hema. There they spotted four boys. Out of them, two boys started beating the informant and they looted his mobile phone, a motorcycle, `2,000/- , ATM card, PAN card and Aadhar card. The report was lodged on 22.03.2021.

4. According to the case, on 26.03.2021, three persons were spotted on a motorcycle. They were these applicants and from their possession. The motorcycle which was looted and some cash were recovered from the possession of the applicant Gurvinder Singh; ATM card and Aadhar card of the informant were recovered from the possession of the applicant Rohit Kumar and Aakashdeep.

5. Learned counsel for the applicants would submit that the case is false; FIR is delayed; there is no independent witness of the recovery; applicants are not previous convict.

6. Learned State counsel would submit that the recovery was made from the applicants.

7. Having considered the submissions, under the facts and circumstances of the case, this Court is of the view that it is a case fit for bail and the applicants deserve to be enlarged on bail.

8. These bail applications are allowed.

9. Let the applicants, namely, Gurvinder Singh alias Manga, Rohit Kumar and Aakashdeep be released on bail, on their executing a personal bond and furnishing two reliable sureties by each one of them, each of the like amount, to the satisfaction of the Court concerned.

10. This bail order be forwarded to concerned Court as well as the concerned jail through e-mail also.

(Ravindra Maithani, J.) 16.07.2021 Sanjay

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