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2014 DIGILAW 443 (UTT)

Harpreet Singh @ Sonu v. State of Uttarakhand

2014-10-08

SUDHANSHU DHULIA

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Judgment Hon’ble Sudhanshu Dhulia, J. (Oral) Heard Mr. Harshpal Sekhon, Advocate for the applicant and Mr. S.S. Adhikari, learned Assistant Government Advocate for the State of Uttarakhand. The applicant is in jail having been implicated in F.I.R. No.34 of 2014, which has been registered under Sections 394/302/120B of I.P.C. at Police Station – Pantnagar, District – Udham Singh Nagar. The allegation is that the applicant along with other accused persons involved in robbing Rs.15.00 lakhs (Rupees fifteen lakhs only) from the ATM of a Bank. No active role has been assigned to the applicant. The role assigned to the applicant is that of a conspirator, consequently the offence which can be attributed to the applicant is under Section 120B of I.P.C. The only evidence against the applicant is that ten days prior to the incident, he talked with other accused on mobile phone and there are certain call details between the applicant and other accused persons. Apart from that, one motorcycle is said to be recovered. Considering the overall evidence which is presently available before this Court, prima facie the applicant has been able to make out a case for bail. The bail application is accordingly allowed. Let the applicant (Harpreet Singh @ Sonu) be enlarged on bail in the aforesaid crime on his executing a personal bond and two reliable sureties each of the equal amount to the satisfaction of the Magistrate concerned. It is made clear that any observation made by this Court is only for the purpose of grant of bail. It shall not be taken into consideration at all in any other proceedings.