This single judge court rejected a bail application filed by Mustkeem @ Aarif, a habitual criminal with multiple prior FIRs. The court relied on the prosecution case of dacoity and the recovery of stolen property from the applicant, holding him not a fit case for bail.
Bail application rejected; applicant remains in custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
IST BAIL APPLICATION NO.952 OF 2010
Order on the Bail application of accused.
CRIMINAL SIDE
Mustkeem @ Aarif
..….Applicant (In Jail)
Versus
State of Uttarakhand
…….Opposite party Dated: November 09, 2010
____________________________________________________________________ Arising out of Case Crime No.765 of 2010, Under Sections 120-B/394/397/411 IPC, PS Kotdwar, Distt. Pauri Garhwal
Hon’ble Dharam Veer, J.
Heard Mr. Kurban Ali, Advocate for the applicant as well as Mr. BS Parihar, Brief Holder for the State and also perused the record.
In brief the prosecution case is that on 9.5.2010 at 3:15 PM, Mukesh Kumar Aggarwal lodged an FIR stating therein that on that day at 1:35 PM, he came at his house from shop and after 10-15 minutes, four dacoits (three armed with a revolver and one armed with a dagger) forcefully entered inside the house and took the complainant’s son into possession. When the complainant assured that he would cooperate them, then the dacoits returned him his son and after that the dacoits searched the house and looted the jwellery, cash, laptop and mobiles belonging to the complainant and his daughter.
Learned counsel for the applicant submitted that he has been falsely implicated. However on the contrary, learned Brief Holder submitted that the looted case property has been recovered from the possession of the present applicant. He further submitted that even the applicant has rightly been identified by the witnesses. He further submitted that the applicant is a habitual criminal for committing the same type of offences. The criminal history of the applicant is as follows: -
2
On a perusal of the criminal history of the applicant, it transpires that the applicant is a habitual criminal, who is involved in committing the same type of offences again and again.
After considering the above-said facts and circumstances, on hearing learned counsel for the parties, contents of the FIR and other papers available on record as well as considering the criminal history of the applicant which reveals that the applicant is a habitual criminal for committing the same type of offences, it is not a fit case where the applicant is entitled for bail.
Bail application is rejected accordingly. Rejected.
(Dharam Veer, J.)
09.11.2010 Rdang
2 issues framed by the court
Whether bail is maintainable when the applicant is a habitual criminal charged with dacoity and robbery.
Whether the recovery of looted property from the applicant's possession precludes the grant of bail.
Mustkeem @ Aarif
Dharam Veer
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
