Ram Saini vs State Of Uttarakhand

Rakesh Thapliyal, J

The applicant is seeking regular bail in relation to FIR No. 105 of 2023, for the offences cognizable under Sections 120-B, 325, 342, 386, 506, 394, 411 & 34 of IPC, registered at I.T.I, District - Udham Singh Nagar.

Learned counsel for the applicant submits that the applicant is not named in the FIR; he is innocent and he has been falsely implicated. However, in the chargesheet, the applicant has been implicated and the ATM cards of State Bank of India are shown to be recovered from the possession of the present applicant.

Learned counsel for the applicant further submits that the other co-accused persons, namely, Ankit and Tamanna, who were named in the FIR, have already been enlarged on bail by this Court vide order dated 13.10.2023, passed in Bail Application No.1450 of 2023. He also submits that another co-accused, namely, Sumit Kumar, who was though not named in the FIR, but subsequently in the charge-sheet his name came, has also been enlarged on bail by this Court vide order dated 07.11.2023, passed in Bail Application No.2417 of 2023.

Learned counsel for the applicant submits that the present applicant is also claiming the parity as given to the other co-accused person, namely, Sumit Kumar.

This fact has also not been disputed by the State Counsel that it is a case of parity. The State Counsel fairly submits that the present applicant is entitled to the benefit of parity, since the other co-accused, who was not named in the FIR, has already been enlarged on bail and he also submits that the other co-accused persons, who were named in the FIR, have already been granted bail by this Court.

No doubt, the charge-sheet has already been filed. The present applicant is in jail since 26.04.2023, and furthermore, taking into consideration that other co-accused has already enlarged on bail by this Court and having considered the submissions of the learned counsel for the parties and without expressing any opinion on the merit of this case, this Court is of the view that this is a fit case for grant of bail.

The Bail Application is allowed.

Let the applicant-Ram Saini be enlarged on bail on his furnishing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.