LAWS(UTN)-2023-5-12

NAVNEET SHUKLA Vs. STATE OF UTTARAKHAND

Decided On May 10, 2023
Navneet Shukla Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) Applicant Navneet Shukla, who is in judicial custody in Case Crime No.89 of 2017, under Sec. 420 of IPC and under Ss. 66, 66-C of I.T. Act, Police Station Kotwali Almora, District Almora, has sought his release on bail.

(2.) Heard learned counsel for the parties and perused the material available on file.

(3.) Learned counsel for the applicant would submit that there is no clinching evidence against the applicant/accused and if the evidence made part of the charge-sheet is believed, it is difficult to secure the conviction against the applicant/accused; the applicant is not named in the F.I.R.; he was not even present in the A.T.M. at the time of commission of alleged offence; he has been arrested on the basis of statement of co-accused; co-accused has already been released on bail and; the case of the present applicant/accused is much less than the co-accused.