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2025 DAILYLAW 13851 (UTT)

NIZAM v. STATE OF UTTARAKHAND

BA1/2560/2024 · 2025-05-07

Alok Mahra

body2025

Judgment text

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2025:UHC:3583 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/2560/2024 Hon’ble Alok Mahra, J. y Mr. Pankaj Kumar Sharma, learned counsel for the applicant. 2. Mr. S. S. Chauhan, learned Deputy Advocate General, assisted by Mr. Vikas Uniyal, Brief Holder, for the State. 3. Applicant- Nizam, who is in judicial custody in connection with FIR No. 24 of 2023, under Sections 420, 467, 468 and 471 of IPC, registered at Police Station Kotwali Manglore, District Haridwar, has sought his release on bail. 4. Heard learned counsel for the parties and perused the material available on record. 5. Learned counsel for the applicant submits that the applicant was not named in the First Information Report; during the course of investigation, notice under section 91 Cr.P.C. was given to him, in which, he was alleged to be co- owner of Jeevan Dhara Hospital. Learned counsel for the applicant drew the attention of this Court on the statement of the named accused, which was recorded under Section 161 Cr.P.C., wherein no role has been assigned to the present applicant. He has further relied upon on the findings recorded by the Investigating Officer, in which, also role of the applicant has not been assigned anywhere and the applicant is languishing in jail since 10.11.2024. Besides this, the applicant has also filed the registration certificate of the hospital 2025:UHC:3583 and other documents which shows that Naushad Ali is the owner of the clinic/hospital. He has also filed the transfer-deed of the said clinic dated 23.08.2023, wherein Naushad Ali has transferred the said clinic to one Shri Gulfam for a period of 7 years. 6. On the contrary, learned State Counsel vehemently opposed the bail and submits that the applicant did not produce any relevant document to prove his innocence, therefore, he was arrested and charge-sheet has been filed against him under Sections 420,467, 468 and 471 of IPC. 7. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail at this stage. 8. Accordingly the bail application is allowed. 9. Let the applicant be released on bail, on his executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. (Alok Mahra, J.) 07.05.2025 Kaushal 2025:UHC:3583