BA2/152/2021
2021 Latest Caselaw 3963 UK

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                                     BA 2nd No.152 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Rajveer Singh, Advocate, for the applicant.

Mr. Dinesh Chauhan, Brief Holder, for the State of Uttarakhand.

The applicant, herein, is alleged to have been shown to be an accused, involved in a commission of the offences under Sections 342, 392, 506, 411 and 34 of IPC, which has been registered, as an FIR No.739 of 2021, on 03.08.2021, at Police Station Kotwali Manglaur, District Haridwar.

The applicant is not named in the FIR, in fact, if the set of allegations levelled in the FIR are apparently taken into consideration, what is shown is that the recovery, which was made from the applicant was of two mobiles and Rs.800/-, which was shown as to be a joint recovery made from two or three boys, who were said to have been involved in the commission of the aforesaid offences.

Considering the fact that the applicant is not carrying any criminal history, and no specific role has been assigned to the applicant in the commission of the offences, apart from the fact that he is also not named in the FIR, hence in light of the principles laid down by the Hon'ble Apex Court in the judgment reported in 2011 (1) SCC 694, "Siddharam Satlingappa Mhetre Vs. State of Maharashtra & others", the applicant is directed to be released on bail, subject to furnishing of his personal bonds and the two reliable sureties each of the like amount to the satisfaction of the Magistrate concerned.

However it is made clear, that whatsoever reason has been assigned by this Court in today's order are exclusively tentative in nature, only for the purposes of considering the present bail application only, any reasoning are purely tentative in nature, and would not prejudice the minds of the trial court, while conducting the trial, that has to be proceeded independently.

(Sharad Kumar Sharma, J.) 30.09.2021

NR/