Saif Ahmad vs State of Uttarakhand

Hon''ble Dharatn Veer, J.—Heard.

Learned Sr. Counsel for the accused applicant argued that the applicant is in jail since last more than one month and the charge sheet has been filed before the court concerned and now, there is no chance of any tampering with the evidence. He further submitted that the trial is yet to start. He also submitted that the applicant is an Engineer by profession and is based in Banglore and there is no chance of his absconding from the place. Contrary to it, Learned Counsel for the complainant argued that the applicant appeared before the court below only after the issue of process u/s 82/83 Code of Criminal Procedure. and there is imminent possibility of his leaving the country forever.

Having heard the submissions of Learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage.

Let the applicant Saif Ahmad be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction of Magistrate concerned. It is further directed that the applicant shall deposit his passport before the Magistrate concerned and shall not leave the country without the prior permission of the court concerned.

Bail application is allowed accordingly.