Uttarakhand High Court
BA1/1422/2013 of Gagan Wadhwa Vs State Of Uttarakhand on 30 December 2013
COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 30th day of December, 2013 1st Bail Application No.1422 of 2013 Order on the Bail Application: CRIMINAL SIDE Gagan Wadhwa S/o Satish Wadhwa R/o Wing No.5/11/1, Premnagar, Dehradun. ………Applicant
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Original Jurisdiction
Dated: Nainital: the 30[th] day of December, 2013 1st Bail Application No.1422 of 2013
Order on the Bail Application:
CRIMINAL SIDE
Gagan Wadhwa
S/o Satish Wadhwa
R/o Wing No.5/11/1, Premnagar, Dehradun.
………Applicant
Versus
State of Uttarakhand …… Opposite Party
Arising out of Case Crime No. 244 of 2013, Under Section- 435 and 436 of I.P.C., Police Station Cantt, District-Dehradun.
Hon’ble V.K. Bist, J.
Mr. Vikas Bahuguna, Advocate for the
applicant.
Mr. R.K. Sah, A.G.A. for the State.
Heard learned counsel for the parties.
Applicant Gagan Wadhwa, who is in jail in connection with Case Crime No. 244 of 2013, Under Section- 435 and 436 of I.P.C., Police Station Cantt, District-Dehradun, has sought his release on bail.
Learned counsel for the applicant submitted that the provisions of Section 435 and 436 of the Indian Penal Code are not applicable in the present case. He submitted that the applicant has falsely been implicated in the present crime. He argued that the CCTV photographs annexed by the respondents in the counter affidavit, nowhere show that the applicant was involved in burning the car. He submitted that the applicant has no criminal antecedent and is in jail for more than two months.
Considering the submission of learned counsel for the applicant and without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail at this stage.
The bail application is allowed. Let the applicant Gagan Wadhwa be released on bail, on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the concerned Magistrate.
(V.K. Bist, J.)
Arpan 30.12.2013