Nitai vs State of Uttarakhand

Dharam Veer, J.—Heard Mr. A.S. Gill and Mr. Milind Raj, Advocates for the applicant and Mr. Amit Bhatt, Addl. GA for the State.

Learned Counsel for the applicant submitted that the applicant is permanent resident of India and is residing in Village Sanjay Colony, P.S. Nuriya, District Pilibhit since last 40 years. In support of this fact, he has filed copy of ration card of the year 1995 and a certificate issued by Village Pradhan telling that the applicant is residing in aforestated address from last 43 years. He has also filed copy of marksheet of his son Dilip Adhikari of the year 2003-04 which also shows that the applicant is permanently residing in India with his family. It is further argued that only the recovery of counterfeit notes has been made from the possession of the applicant, which comes u/s 489C of IPC and which is a bailable offence. It is pleaded that the applicant is in jail since 20.12.2009 and has got no previous criminal history.

Having considered the submissions of learned Counsel for the parties and after going through the papers 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 Nitai be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Udham Singh Nagar.

The bail application is allowed accordingly.