Supreme Court - Daily Orders
Aakash Kumar vs The State Of Uttarakhand on 4 December, 2024
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. /2024
(@SLP (CRL.) No. 14139/2024)
AAKASH KUMAR APPELLANT(S)
VERSUS
THE STATE OF UTTARAKHAND RESPONDENT(S)
O R D E R
Leave granted.
This appeal challenges the judgment and order dated 10.04.2024 passed by the High Court of Uttarakhand at Nainital in First Bail Application No. 1819 of 2023.
The appellant herein has been booked for the crime registered pursuant to FIR No. 481/2023 dated 27.06.2023 lodged with Police Station Kotwali Jwalapur, District Haridwar with respect to offences punishable under Sections 120-B, 420, 467, 468 and 471 of the Indian Penal Code, 1860.
An application seeking regular bail having been rejected by the High Court vide impugned order dated 10.04.2024, the appellant has preferred the instant appeal. By order dated 04.10.2024, the following order was passed by this Court:
“Delay condoned.
Issue notice to the respondent, returnable on Signature Not Verified 18.11.2024.Digitally signed by
RADHA SHARMA Date: 2024.12.04 17:26:42 IST
Reason: Petitioner’s counsel is also permitted to serve the 1 standing counsel for the respondent-State.” Heard learned counsel for the appellant in support of the appeal and learned counsel for the State and perused the material on record.
Learned counsel for the appellant submitted that there are as many as twelve accused and almost everybody has been given the relief of bail. However, the appellant has been in jail for a period of one and a half years. Although he has been chargesheeted and the trial has commenced, only two out of twenty three witnesses have been examined. That the trial will definitely take some more time and having regard to the principle of parity, the appellant may also be released on bail.
Per contra, learned counsel for the first respondent- State with reference to her counter affidavit vehemently opposed any relief being granted to the appellant herein as she submitted that the other persons who have been granted bail do not stand on par with the appellant herein and particularly the order dated 03.09.2024 passed in the case of Jagrat Garg may not be replicated in the instant case. She further submitted that the investigation as against the other accused is still on and that the appellant herein is the master mind. Therefore, there is no merit in the appeal and the same may be dismissed.
Learned counsel for the second respondent-complainant with reference to his counter affidavit also submitted that the complainant herein is the master mind of the entire crime that 2 there have been recoveries made from the appellant herein and the fact that he was involved in the entire illegal activity, promising loans for the purchase of two wheeler and four wheeler vehicles, which amount was siphoned off, is clearly attributable to appellant herein. Therefore, the appeal may be dismissed.
We have considered the arguments advanced at the bar in light of the facts and circumstances of this case and also the fact that the similar placed accused namely Jagrat Garg was granted the relief of bail by our order dated 03.09.2024.
In the circumstances, considering the facts on record, in our view, the case for bail is made out.
We, therefore, allow this appeal and direct as under:
“The appellant shall be produced before the concerned Trial Court as early as possible and the Trial Court shall release him on bail, subject to such conditions as it may deem appropriate to impose to ensure his presence in the proceedings arising out of FIR No. 481/2023 dated 27.06.2023 mentioned above.” It is directed that the appellant shall extend complete cooperation in the ensuing trial. The appellant shall not misuse his liberty and shall not in any way influence the witnesses or tamper with the material on record.
Any infraction of the conditions shall entail cancellation of bail granted to the appellant. 3 With the aforesaid directions, the Criminal Appeal is allowed.
……………………………………………………….,J.
( B.V. NAGARATHNA ) ……………………………………………………………………….,J. ( NONGMEIKAPAM KOTISWAR SINGH ) NEW DELHI;
DECEMBER 04, 2024
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ITEM NO.2 COURT NO.8 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 14139/2024 [Arising out of impugned final judgment and order dated 10-04-2024 in FBA No. 1819/2023 passed by the High Court of Uttarakhand at Nainital] AAKASH KUMAR Petitioner(s) VERSUS THE STATE OF UTTARAKHAND Respondent(s) (IA No.226915/2024-EXEMPTION FROM FILING O.T.) Date : 04-12-2024 This petition was called on for hearing today. CORAM :
HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH For Petitioner(s) Mr. Vibhu Tiwari, Adv.
Mr. Aakarshan Aditya, AOR For Respondent(s) Ms. Suveni Bhagat, AOR Mr. Siddhartha Sah, Adv. Mr. Rohin Oza, Adv.
Mr. Pushkar Karni Sinha, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The Criminal Appeal is allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(RADHA SHARMA) (DIVYA BABBAR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
(Signed order is placed on the file) 5