Alok Kumar Verma, J
1. This Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.103 of 2023, registered at police station Shyampur, District Haridwar.
2. The applicant in is judicial custody under Section 392, Section 411 and Section 34 of the Indian Penal Code, 1860.
3. As per the First Information Report dated 08.09.2023, Smt. Indu Devi, the informant, was going on a motorcycle with her nephew Aman Singh. Three unknown persons came on a Bolero pick-up vehicle (UP12), snatched a chain from her neck and ran away. On the same day, the applicant and two co-accused persons were arrested. The said chain was recovered from the joint possession of the present applicant and co-accused persons.
4. Heard Mr. Rajeev Bhatt, learned counsel holding brief of Mr. Narendra Bali, learned counsel for the applicant and Mr. Pratiroop Pandey, learned AGA for the State.
5. Learned counsel for the applicant contended that the applicant has been falsely implicated in the present matter. The said chain was not recovered from his possession. Test Identification Parade has not been conducted. Applicant is a permanent resident of District Muzaffarnagar (Uttar Pradesh), therefore, there is no possibility of his absconding. He does not have any criminal antecedents. He is in custody since 08.09.2023, and, co-accused persons have already been granted bail by this Court.
6. Learned counsel for the State has opposed the bail application. However, he submitted that the applicant has no criminal history.
7. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.
8. The Bail Application is allowed.
9. Let the applicant – Salman be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.
