Uttarakhand High Court
BA1/815/2011 of RAIS AHMAD @ CHAMPION Vs STATE OF UTTARAKHAND on 30 December 2011
COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 30th day of December, 2011 First Bail Application No. 815 of 2011 Criminal Side Rais Ahmad @ Champion S/o Nause Ahmad R/o Noori Masjid, Ujala Nagar Haldwani, District Nainital presently resident of Near Tehsil Road
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Original Jurisdiction
Dated: Nainital: the 30[th] day of December, 2011First Bail Application No. 815 of 2011
Criminal SideRais Ahmad @ Champion S/o Nause Ahmad R/o Noori Masjid, Ujala NagarHaldwani, District Nainitalpresently resident of Near TehsilRoad Bageshwar, P.S. BageshwarDistrict Bageshwar
…….Applicant (In Jail)
Versus
State of Uttarakhand
..…..Opposite Party
Arising out of Case Crime No. 38 of 2011Under Sections: 457, 380 and 411 of I.P.C.Police Station: BageshwarDistrict: Baeshwarg Hon’ble Prafulla C. Pant, J.
Mr. Dinesh Chauhan, Advocate, present for the applicant.
Mr. M.A.Khan, Brief Holder, present for the State.
Heard.
Applicant– Rais Ahmad @ Champion, who is in jail in connection with Crime No. 38 of 2011, relating to offences punishable under section 457, 380 and 411 of I.P.C., Police Station Bageshwar, District Bageshwar, has sought his release on bail.
Learned counsel for the applicant submitted that applicant is a simply kabadiwala. It is submitted that main accused in the case is one Raju Jatav. It is further submitted that even if the recovery of camera from the present applicant is believed, it constitutes only offence punishable under section 411 of I.P.C., against the applicant. Applicant is in jail for last more than four months.
In the above circumstances, without expressing any opinion as to final merits of the case, pending before the trial court, this Court is of the view that the applicant deserves bail.
The Bail Application is allowed. Let the applicant- Rais Ahmad @ Champion, be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Bageshwar. (Urgency Application No. 4827 of 2011 stands disposed of).
(Prafulla C. Pant, J.)