Danish Vs State Of Uttarakhand

Uttarakhand High Court 20 Jul 2024 First Bail Application No. 1349 Of 2024 (2024) 07 UK CK 0108
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

First Bail Application No. 1349 Of 2024

Hon'ble Bench

Ravindra Maithani, J

Advocates

Vaibhav Singh Chauhan, M.A. Khan, Rangoli Purohit

Final Decision

Allowed

Acts Referred
  • Indian Penal Code, 1860 - Section 34, 392, 411

Judgement Text

Translate:

Ravindra Maithani, J

1. Applicant is in judicial custody in Case Crime No.510 of 2024, under Sections 392, 411 and 34 IPC, Police Station- Kotwali Jwalapur, District-

Haridwar. He has sought his release on bail.

2. Heard learned counsel for the parties and perused the record.

3. According to the FIR, on 09.06.2024, at about 8:30-8:45 PM, when the informant was returning home, two motorcycle borne boys snatched her

chain.

4. Learned counsel for the applicant would submit that the applicant is not named; there is no independent witness of the alleged recovery; the

recovery is after 12 days of the incident; it is impossible that a person, who has snatched some article would keep that article with him for the next 12

days so as to be recovered by the police.

5. Learned State Counsel would submit that based on the information of the informant, on 21.06.2024, the applicant was arrested when the informant

was called at the place of recovery.

6. One of the questions that would require deliberation during trial would be as to how the informer came to know that the applicant had snatched the

chain? The incident is of night.

7. Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

8. The bail application is allowed.

9. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the

satisfaction of the court concerned.

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