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2025 DAILYLAW 13205 (UTT)

MOHD. SHAHBAZ v. STATE OF UTTARAKHAND

BA1/2320/2024 · 2025-03-19

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No.2320 of 2024 Mohd. Shahbaz …..….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Ms. Pushpa Joshi, Senior Advocate assisted by Ms. Nipush Mola Joshi, Advocate for the applicant. Mr. Virendra Singh Rawat, AGA for the State. Hon’ble Ravindra Maithani, J. (Oral) The applicant is in judicial custody in FIR No.236 of 2024, dated 15.05.2024, under Sections 420, 467, 468, 120-B IPC, Police Station Kashipur, District Udham Singh Nagar. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. The victim, a young girl was missing from her home. Her father lodged a report, which is basis of the case. 4. According to the prosecution, the victim was a minor. She left her guardianship along with the co- accused Himanshu Saini. The allegation against the applicant is that he procured date of birth certificate of the victim revealing her as Major on the date of incident. 2 5. Learned Senior Counsel appearing for the applicant would submit that there is no evidence against the applicant; the co-accused has already been granted bail. 6. Learned State counsel would submit that there is telephonic text communication between the co-accused and the applicant, by which the co-accused requested the applicant to prepare date of birth certificate. 7. The Court posed a question to the learned State counsel, as to what is the evidence that the applicant prepared the date of birth certificate? He would submit that there is no such material available. 8. Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 9. The bail application is allowed. 10. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned. (Ravindra Maithani, J.) 19.03.2025 Sanjay