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2025 DAILYLAW 13758 (UTT)

JULFKAR ALIAS BILA v. STATE OF UTTARAKHAND

BA1/2534/2024 · 2025-01-06

Ravindra Maithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No.2534 of 2024 Julfkar alias Bila …..….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Mohd. Safdar, Advocate for the applicant. Mr. Pankaj Joshi, AGA for the State. Hon’ble Ravindra Maithani, J. (Oral) The applicant is in judicial custody in FIR/Case Crime No.246 of 2024, dated 03.07.2024, under Sections 309(6), 351(3), 352, 317(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Jhabrera, District Haridwar. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. According to the FIR, on 02.07.2024, at about 09:00 PM, some unknown persons waylaid the informant when he was moving on his two-wheeler. Those miscreants did mar peet with the informant and looted certain money and articles. 4. Learned counsel for the applicant would submit that it is totally a false case; in a Saharanpur case, the applicant was arrested and based on his 2 confession, he has been implicated in the instant case and a false recovery of Credit Card has been shown from him, which is after five months of the alleged incident. 5. Learned State counsel would submit that the Credit Card of the victim was recovered from the possession of the applicant about after five months from the date of the incident. He admits that no Test Identification Parade has been conducted, as the miscreants had masked their faces. 6. 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. 7. The bail application is allowed. 8. 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.) 06.01.2025 Sanjay SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08bbd504686df4d1afc60f5 4a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD8EC450A84B515A0 87CAEFD1B3179A7DEAE40699, cn=SANJAY KANOJIA Date: 2025.01.06 18:35:37 +05'30'