An accused is entitled to bail if there is a reasonable ground to presume that he may not be guilty of the alleged offense and there is nothing on record to suggest that he is likely to commit any offense if released on bail.

IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

29^TH NOVEMBER, 2023

FIRST BAIL APPLICATION No.1588 of 2023

Deepak

..…Applicant

Versus

State of Uttarakhand.

..…Respondent

Counsel for the Applicant : Mr. Avidit Noliyal, Advocate.

Counsel for the State

: Mr. Bhaskar Joshi, A.G.A.

Hon’ble Alok Kumar Verma,J.

This Application has been filed for grant of

regular bail in connection with the Case Crime No.92 of

2023, registered at police station Khanpur, District

Haridwar.

2.

Applicant is in judicial custody under Section 9,

Section 39 read with Section 51 of the Wild Life

(Protection) Act, 1972.

3.

Two persons, including the present applicant,

sitting on a motorcycle were arrested by the police party

on 07.04.2023. Six turtles were recovered from a bag kept

on the said motorcycle.

4.

Heard Mr. Avidit Noliyal, learned counsel for the

applicant and Mr. Bhaskar Joshi, learned A.G.A. for the

State.

5.

Mr. Avidit Noliyal, Advocate, contended that the

applicant has been falsely implicated in the present

matter. Nothing was recovered from his possession. No

independent witness was present at the time of the

alleged recovery. The said recovery was planted. Applicant

has no criminal history. He is in custody since 07.04.2023.

2

He is a permanent resident of District Haridwar, therefore,

there is no possibility of his absconding, and, co-accused

of the similar role, namely Arun Kumar, has been granted

bail by this Court.

6.

Mr. Bhaskar Joshi, A.G.A. appearing for the

State has opposed the bail application. However, he

conceded that the applicant does not have any criminal

antecedents.

7.

At this stage, the said circumstances of the

present case give rise to a reasonable ground to presume

that the applicant may not be held guilty of the alleged

offence and there is nothing on record which may give rise

to a reasonable apprehension that the applicant is likely to

commit any offence, in case, he is released on bail.

8.

Having considered the submissions of learned

counsel for both the parties and in the facts and

circumstances of the case, no reason is found to keep the

applicant behind the bars for an indefinite period,

therefore, without expressing any opinion as to the merit

of the case, this Court is of the view that the applicant

deserves bail at this stage.

9.

The Bail Application is allowed.

10.

Let the applicant – Deepak be released on bail

on his executing a personal bond and furnishing two

reliable sureties, each in the like amount, to the

satisfaction of the court concerned.

___________________

ALOK KUMAR VERMA, J.

Dated: 29^TH November, 2023

JKJ/Pant