NITIN KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This bail application has been filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with FIR No.643 of 2021, registered with Police Station Raipur, District Dehradun for the offence under Ss. 392 and 411 of IPC.

(2.) Heard Mohd. Safdar, learned counsel for the applicant and Mr. Atul Kumar Shah, learned Deputy Advocate General for the State.

(3.) The learned counsel for the applicant submitted that according to the First Information Report, on 8/12/2021 at around 14:57 hours, one person came on a YAMA motorcycle, bearing No.U.P.14 DV-6097, snatched Rs.18,000.00 from the salesman of the informant and ran away; the said FIR has been registered against unknown person; the FIR is belated. The learned counsel for the applicant further submitted that the said recovery of the motorcycle and Rs.4,000.00 from the possession of the present applicant are false and planted. There was no public witness in the proceeding of the alleged recovery; the applicant is in custody since 30/12/2021; and charge sheet has already been filed, therefore, there is no chance for tampering with the evidence.