This bail order grants regular bail to an accused facing charges of cheating, forgery, and using tampered documents in a cement counterfeit case, requiring a personal bond of Rs. 50,000 and two sureties.
Released on bail by furnishing a personal bond of Rs. 50,000 and two sureties of like amount.
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 Original Jurisdiction 1st Bail Application No.972 of 2013 Order on bail application of the accused
Sahzad S/o Jahan Ali … Applicant (in jail) Vs State of Uttarakhand … Opp. Party
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Mr. Manish Arora, Advocate for the applicant. Mr. K.S. Rautela, A.G.A. for the State.
Hon’ble Alok Singh, J.
This is a 1st bail application seeking regular bail in Case Crime No. 202 of 2013 under Sections 420, 467, 468 and 471 I.P.C., P.S. Kotwali Roorkee, District Haridwar.
Mr. Manish Arora, learned counsel for the applicant vehemently argued that there was absolutely no complaint from the A.C.C. Cement Company to the effect that duplicate cement using their trade mark was being sold by the applicant and other coaccused; even after seizure and arrest of cement, no effort was made by the Police to find out as to whether the same was duplicate cement of A.C.C. Company. Therefore, mere allegation that duplicate cement was transported was not sufficient to constitute offence punishable under Sections 420, 467, 468 and 471 I.P.C.
Considering the totality of the facts and circumstances of the case, I direct, let the accused/applicant be released on bail on furnishing his personal bond of Rs.50,000/- and two sureties of like amount to the satisfaction of learned A.C.J.M. Roorkee.
Bail application stands allowed accordingly.
(Alok Singh, J.)
01.08.2013
Shiv
1 issue framed by the court
Whether the applicant is entitled to release on bail in a case alleging sale of duplicate cement.
Sahzad S/o Jahan Ali
Alok Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
