Rashid vs State Of Uttarakhand

Alok Kumar Verma, J

Present Second Bail 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. 300 of 2022, registered at police station Ranipur, District Haridwar.

Applicant is in judicial custody under Sections 419, 420, 467, 468, 471 and Section 120 B of the Indian Penal Code, 1860.

The First Bail Application (No.567 of 2023) was dismissed as withdrawn on 30.10.2023.

As per the First Information Report, Smt. Neelam Hashoo and her husband Hashoo purchased a plot through sale deed dated 13.07.2005. They executed a power of attorney in favour of Smt. Deepa Panjwani, the mother of the informant. On 02.05.2022, when the informant along with his mother went to the plot it was found that two residential buildings had been constructed over the said plot. The residents of the said buildings told them that the said plot was purchased by Smt. Ramkali in the year 2019, which was shown to her by the present applicant.

Mr. Mohd. Safdar, Advocate, contended that the applicant has been falsely implicated in the present matter. He has not committed any cheating or fraud. He was not beneficiary of the said transaction. He is only witness of the sale deed. Smt. Kishori who was the owner of the said plot had executed the sale deed in favour of Smt. Ramkali. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant is a permanent resident of District Haridwar. Applicant, aged about 63 years, is in judicial custody since 03.02.2023.

Mr. M.K. Chand, learned A.G.A. has opposed the bail application.

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 –Rashid 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.