Lokesh Kumar Sharma vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.577 of 2023, registered at police station Laksar, District Haridwar under Section 386 and Section 506 of the Indian Penal Code, 1860.

As per First Information Report, the informant Rai Bahadur Narayan Singh received a registered letter on 07.07.2023, in which, a demand of Rupees One Crore was made. He and his family members were threatened to death for not fulfilling the said demand. First Information Report has been registered against unknown person on 10.07.2023 at 21:08 hrs.

Heard Mr. Piyush Garg, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned AGA for the State.

Mr. Piyush Garg, Advocate, contended that the applicant, aged about 65 years, has been implicated in the present matter. He is not named in the First Information Report. Applicant has no criminal history. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding, and, the present matter does not fall under Section 386 of the Indian Penal Code, 1860. In support of the said submissions, Mr. Piyush Garg, Advocate, has relied upon a judgment of the Hon’ble Supreme Court in Salib alias Shalu alias Salim vs. State of U.P. and Others, 2023 SCC OnLine SC 947.

Mrs. Manisha Rana Singh, learned AGA for the State, has opposed the bail application. She submits that as per instruction, received from the Investigating Officer, the name of the applicant has came to light during the investigation, but, so far the report of the handwriting expert has not been received regarding the handwriting of the said letter. She has fairly conceded that the applicant has no criminal history.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant – Lokesh Kumar Sharma be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned