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RAVINDRA MAITHANI
Jabir Ali – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Ravindra Maithani, J. - Applicant-Jabir Ali is in judicial custody in FIR No. 344 of 2021, under Sections 420, 467, 468, 471 & 120B IPC, Police Station Nanakmatta, District Udham Singh Nagar. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, police had information that a gang in the area is active, which deals with the vehicles. They would change the number of the vehicles and in collusion with the Traffic Officers would sell them at a high cost. When a raid was conducted, it is the case of the prosecution that the applicant was arrested and from his possession many vehicles were recovered.
4. Learned counsel for the applicant would submit that the applicant is a scrap dealer. He has premises where vehicles are parked. There have been no complaints of any individual owner, whose trucks were allegedly recovered by the police.
5. Learned State Counsel would submit that the owners of the trucks were different persons. But, when the Court wanted to know as to whether the trucks are being given in the custody of the owners. Learned State Counsel would submit that still the trucks are in the police custody.
6.
The court considered the nature of the applicant's business, the absence of complaints from individual owners of the recovered trucks, and the lack of evidence regarding the custody of the trucks by ....
The court's discretion in granting bail based on the circumstances of the case and the applicant's eligibility for bail.
The court established that mere presence as a customer in a brothel does not constitute sufficient grounds for denying bail under the Immoral Traffic (Prevention) Act.
Circumstantial evidence can be sufficient to deny bail, especially when it establishes a clear connection between the accused and the crime.
The principle that bail should be granted in the absence of substantial evidence linking the accused to the crime, particularly when the accused has been acquitted of related charges.
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