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2017 DIGILAW 15 (UTT)

TASLEEM @ KALUWA v. STATE OF UTTARAKHAND

2017-01-10

SUDHANSHU DHULIA

body2017
JUDGMENT Hon’ble Sudhanshu Dhulia, J. (Oral) Heard Mr. Abhishek Verma, Advocate for the applicant and Mr. D.K. Sharma, Additional Advocate General assisted by Ms. Mamta Joshi, Brief Holder for the State of Uttarakhand. 2. The applicant is in jail having been implicated in FIR No. 146 of 2015, which has been registered under Sections 392/411 of IPC at Police Station I.T.I. Kashipur, District Udham Singh Nagar. 3. This is the second bail application of the applicant. The first bail application of the applicant was rejected by this Court vide order dated 23.03.2016. 4. There are two grounds submitted by the learned counsel for the applicant for grant of bail. Firstly, the applicant is in jail since 22.10.2015, which is more than one year and secondly, the other co-accused, who had similar role have been granted bail by this Court, though the learned Additional Advocate General Mr. D.K. Sharma has opposed the bail of the present applicant saying that there are eleven cases pending against the present applicant in Uttar Pradesh and one in Uttarakhand. 5. Learned counsel for the applicant submits that similar was the situation with the other co-accused, who have been granted bail by this Court. As far as the stage of trial is concerned, only few prosecution witnesses have been examined so far. 6. Considering the period, which the petitioner has already spent in jail and the fact that other co-accused have already been granted bail and the stage of trial, the applicant has been able to make out a case for bail. The bail application is accordingly allowed. 7. Let the applicant 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/court concerned. 8. It is made clear that any observations made by this Court are only for the purposes of grant of bail. It shall not be taken into consideration at all in any other proceedings.