BA1/1071/2009 of CHEEKU @ QADAR Vs STATE OF UTTARAKHAND on 31 December 2009

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION

Criminal Ist Bail Application No.1071 of 2009

Order on the Bail application of accused CRIMINAL SIDE

Cheeku @ Qadar

……….Applicant (In Jail)

Versus

State of Uttarakhand

------- Opposite party

________________________________________________________

Arising out of Case Crime No.42 of 2007, U/Ss 395/397/412 IPC, P.S. Patel Nagar, Distt. Dehradun Dated: December 31, 2009

Hon’ble Dharam Veer, J.

Heard Sri Sandeep Tandon, Advocate for the applicant and Sri M.A. Khan, learned Brief Holder for the State.

Learned counsel for the applicant has argued that the applicant is not named in the FIR of the incident said to be happened on 18.2.2007. He further submitted that the applicant was arrested on 8.6.2007 and from his possession, one pair of golden earrings and one golden ring of woman was said to be recovered. He further submitted that the above-said articles shown to be recovered from the possession of the applicant are not mentioned in the FIR to be robbed by unknown persons in the night of 18.2.2007. Further, that the co-accused Shambhu has been released on bail by this Court on 5.12.2008 and co-accused Jai Singh has also been released on bail by the order of I/c Sessions Judge, Dehradun on 30.4.2007 and the applicant also deserves bail on the ground of parity. Lastly, that the applicant is in jail since 8.6.2007 and the trial has yet not been concluded.

After considering all the facts and circumstances, on hearing learned counsel for the parties and perusing the contents of the FIR and also on perusal of other material on record, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage.

Let the applicant Cheeku @ Qadar be released on bail his executing a personal bond and also on furnishing two sureties each in the like amount to the satisfaction of C.J.M., Dehradun.

The bail application is allowed accordingly. (Urgency application No.3599/09 also stands disposed of)

31.12.2009

Rajeev Dang

(Dharam Veer, J.)