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Uttarakhand High Court · body

2016 DIGILAW 577 (UTT)

MOHD. OSAMA v. STATE OF UTTARAKHAND

2016-09-15

U.C.DHYANI

body2016
JUDGMENT U. C. Dhyani, J. Applicant-Mohd. Osama who is in jail in connection with Case Crime No.186 of 2015, relating to offences punishable under Sections 394, 420,420B & 411 of IPC, registered at Police Station Kotwali Nagar, District Haridwar, has sought his release on bail. 2. Heard learned counsel for the parties, perused the material brought on record and considered the grounds taken up in the bail application. 3. A first information report was lodged against two named and two unnamed accused persons on 01.04.2015 for the offence punishable under Section 394 IPC alleging therein that passengers in taxi were caught and cash, mobile etc. were looted from them. 4. It is the submission of learned counsel for the applicant that the name of the present applicant surfaced during the interrogation with co-accused in some other criminal case. The applicant is not named in the first information report and no identification parade has been conducted. The applicant was riding on Scorpio whereas Indigo-car is used in respect of alleged incident. The applicant is in jail since 26.05.2015. 5. Learned Dy. Advocate General opposed the bail application of the applicant on the ground that four criminal cases are pending against him. The fact remains that the name of the applicant came into light only on the statement of co-accused in some other criminal case. 6. It is the submission of learned counsel for the applicant that the applicant is ready to furnish reliable sureties to the satisfaction of the Magistrate concerned if he is granted bail. 7. Considering the facts of the case, this Court is of the opinion that the applicant should be enlarged on bail. 8. The Bail application is allowed. 9. Let the applicant-Mohd. Osama be enlarged on bail on his executing a personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the court concerned. 10. If at any point of time, it is found that the applicant is misusing the bail, the learned court below shall be at liberty to cancel his bail, in accordance with law.