Uttarakhand High Court
BA1/1012/2011 of SHANU KHAN Vs STATE OF UTTARAKHAND on 29 December 2011
COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 29th day of December, 2011 First Bail Application No. 1012 of 2011 Criminal Side Shanu Khan S/o Rahmat Khan @ Munna Khan R/o Mohalla Gulabganj P.S. Cant, District Guna Madhya Pradesh …….Applicant (In Jail)
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Original Jurisdiction
Dated: Nainital: the 29[th] day of December, 2011First Bail Application No. 1012 of 2011
Criminal SideShanu Khan S/o Rahmat Khan @ Munna Khan R/o Mohalla Gulabganj P.S. Cant, District Guna Madhya Pradesh
…….Applicant (In Jail)
Versus
State of Uttarakhand
..…..Opposite Party
Arising out of Case Crime No.261 of 2011Under Sections: 380, 457 and 411 I.P.C.Police Station: Jwalapur District: Hardwar Hon’ble Prafulla C. Pant, J.
Mr. Pradeep Kumar Chauhan, Advocate, present for the applicant.
Mr. M.A.Khan, Brief Holder, present for the State.
A Rejoinder affidavit has been filed on behalf of the applicant. Same be taken on record.
Applicant– Shanu Khan, who is in jail in connection with Crime No. 261 of 2011, relating to offences punishable under section 380, 457 and 411 of I.P.C., Police Station Jwalapur, District Hardwar, has sought his release on bail.
Heard learned counsel for the parties.
Learned counsel for the applicant pleaded that applicant is simply a taxi driver. He further submitted that the taxi was hired in which co-accused Bhawri Devi and Co-accused Sunil Gaur had visited from Guna to Hardwar, and went back to Guna. It is further submitted that applicant has been falsely implicated in the case. 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, this Court is of the view that the applicant deserves bail.
The Bail Application is allowed. Let the applicant- Shanu Khan, be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Hardwar. (Misc. Application No. 4821 of 2011 stands disposed of).
(Prafulla C. Pant, J.)
Dt.29.12.2011Nahid