Single Judge allowed bail to Gurdev Singh accused of theft, noting recovery of stolen motorcycle from his possession and lack of prior criminal history.
Applicant released on bail upon executing personal bond and furnishing two sureties.
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HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 05th October, 2013
First Bail Application No.1193 of 2013 Order on the bail application of accused
CRIMINAL SIDE
Gurdev Singh … Applicant
versus
State of Uttarakhand … Respondent
Mr. H. S. Dhillon, Advocate for the applicant. Mr. Sudhir Kumar Chaudhary, Additional G.A. for the respondent State.
Hon’ble U.C. Dhyani, J. (Oral)
An FIR, being case crime no.81/2013, was lodged by the informant against unknown thieves on 03.05.2013 in Police Station Sitarganj, District Udham Singh Nagar for the offence punishable under Section 379 IPC.
Heard learned counsel for the parties, considered the grounds taken in the bail application and perused the documents on record.
Accused-applicant was not named in the FIR. A motorcycle was allegedly stolen by the accused-applicant. The said motorcycle was recovered from the possession of applicant. Accused-applicant has no previous criminal history and is in jail since 21.08.2013.
Considering the above facts and circumstances, a case of bail is made out in favour of the present applicant. The bail application is allowed. Let the applicant Gurdev Singh be released on bail on
-2-
his executing a personal bond and furnishing two sureties, each of the like amount to the satisfaction of the Chief Judicial Magistrate, Udham Singh Nagar.
Dated 05th October, 2013 Rawat
1 issue framed by the court
Whether bail is grantable to the accused-applicant accused of theft under Section 379 IPC.
1 provisions across 1 enactments
Gurdev Singh
State of Uttarakhand
U.C. Dhyani
As recorded by the court registry
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