Office Notes, reports, orders or proceedings…
Released on bail by executing a personal bond and furnishing reliable sureties.
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| L. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| BAI No. 1229 of 2021 Hon’ble N.S. Dh an ik , J . Mr. V.K. Guglani, learned counsel for the applicant. Mr. K.S. Rawal, learned A.G.A. for the State of Uttarakhand. This is first bail application moved on behalf of the applicant seeking regular bail in connection with F.I.R. No. 80 of 2021, for the offence punishable under Section 420 and 406 IPC, registered at P.S. Rudrapur, District Udham Singh Nagar. Learned counsel for the applicant submits that the applicant has falsely been implicated in the instant crime and is languishing in jail since 11.02.2021. He also submits that from a bare perusal of the FIR, it clearly reveals that no offence under Section 420 IPC is made out against the applicant as no ingredients of cheating are attracted from the nature of the allegations made by the complainant in the FIR. He further submits that even for the sake of assumption, believing the prosecution story to be true then also no offence is made out against the applicant because at the most it is a case of amount not being transacted in the account of the complainant due to some mobile network issue. Furthermore, it is submitted that all the allegations contained in the FIR are false and frivolous because the dispute is of civil nature. Moreover, it is a matter of trial whether the amount towards the purchase of jewellery was transferred in the account of complainant or not and it is also submitted that there is no recovery from the applicant. Learned State Counselopposed the |
| bail | application. Considering the facts and |
|---|---|
| circ exp of t the on two the |
umstances of the case, without ressing any opinion as to the final merits he case, this Court is of the view that applicant deserves bail at this stage. The bail application is allowed. Let the applicant be released on bail, executing a personal bond and furnishing reliable sureties, each of like amount, to satisfaction of Court concerned. |
SB |
( N.S. Dhan ik , J.) 03.08.2021 |
Applicant
State of Uttarakhand
N.S. Dhanik
As recorded by the court registry
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