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Judgment
Manoj K. Tiwari, J
Heard Mr. Harshpal Sekhon, learned counsel for the applicant, Mr. T.C. Agarwal, learned A.G.A. for the State, Mr. Mukesh Rawat, learned counsel for the complainant and perused the records.
This is the second bail application filed on behalf of the applicant. First bail application was not decided on merit and was disposed of by granting short-term bail for one month.
The applicant is in jail being implicated in Criminal Case No. 256 of 2017 (FIR No. 223 of 2017), under Sections 420, 120(b), 342 and 370 of I.P.C. and Sections 18, 19 and 20 of Transplantation of Human Organs Act, 1994, registered in Police Station Doiwala, District Dehradun.
Learned counsel for the applicant submits that applicant has been falsely implicated in the present case merely on the basis of the statement of one Bhavji Bhai, who is alleged to be a donor. He further submits that main accused - Dr. Amit Kumar Raut has stated during interrogation that the applicant met him only once on 08.09.2017. He further submits that applicant had accompanied Mr. Tejas Patel, who was having Kidney problem for his treatment to Dehradun, as Tejas Patel is his family friend. He further submits that the applicant has no criminal history. He further submits that the mother of the applicant is suffering from Cancer and there is no one to look after her and in support of this contention, he refers to medical reports enclosed as Annexure No. 3 to the bail application. The applicant is in jail since 17.09.2017.
Considering the facts and circumstances of the case, this Court is of the opinion that applicant deserves to be enlarged on bail. Accordingly, the bail application is allowed.
Let the applicant be enlarged on bail in the aforesaid crime on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.
It is made clear that any observation made by this Court is only for the purpose of disposal of bail application. It shall not be taken into consideration at all in any other proceedings.