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Uttarakhand High Court

Abhishek Sharma ... Applicant (In Jail) vs State Of Uttarakhand on 21 February, 2019

Author: Manoj K. Tiwari

Bench: Manoj K. Tiwari

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
                  Original Jurisdiction
          1st Bail Application No. 29 of 2018
        Order on bail application of the accused

Abhishek Sharma                         ... Applicant    (in jail)
                             Vs
State of Uttarakhand                    ... Opp. Party

Hon'ble Manoj K. Tiwari, J.

Heard Mr. Devang Dobhal, learned counsel for the applicant, Mr. V.K. Jemeni, learned Deputy Advocate General for the State and perused the records.

The applicant is in jail being implicated in Case Crime No. 256 of 2017, under Sections 420, 342, 370(1) & 120-B of I.P.C. and Section 18/19/20 Transplant of Human Organs and Tissues Act, 1994, registered in Police Station Doiwala, District Dehradun.

Learned counsel for the applicant submits that the applicant is in jail since 17.09.2017. He further submits that the only allegation against the applicant is that he was running a medical shop in Gangotri Charitable Hospital in the premises of Uttaranchal Dental College and the applicant drove the car in which the main accused ran away from Rishikesh. Learned counsel for the applicant submits that applicant is innocent and he has no criminal history. He further submits that there is no material to show that applicant was involved in the kidney racket.

Considering the facts and circumstances of the case, this Court is of the opinion that applicant deserves to be enlarged on bail. Accordingly, the bail application is allowed.

2

Let the applicant be enlarged on bail in the aforesaid crime on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.

It is made clear that any observation made by this Court is only for the purpose of disposal of bail application. It shall not be taken into consideration at all in any other proceedings.

(Manoj K. Tiwari, J.) 21.02.2019 Aswal