Skip to main content
LawSphereX

MURTZA ALI ALIAS GUDDU THEKEDAAR v. STATE OF UTTARAKHAND

Court: High Court of Uttarakhand

Bench: HON'BLE MR. JUSTICE RAVINDRA MAITHANI

Judgment date:

Case summary

High Court of Uttarakhand judgment dated 2024-12-19. MURTZA ALI ALIAS GUDDU THEKEDAAR v. STATE OF UTTARAKHAND. Read the judgment and case details on LawSphereX.

Judgment text

HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No. 2386 of 2024 Murtza Ali alias Guddu Thekedaar ….. …..... Applicant Versus State of Uttarakhand …. …. Respondent Present:- Mr. Mohit Kumar Kashyap, Advocate holding brief of Mr. Mukesh Kumar Kashyap, Advocate for the applicant. Mr. S. C. Dumka, AGA for the State. Hon’ble Ravindra Maithani, J. (Oral) The applicant is in judicial custody in Special Sessions Trial No. 776 of 2024 in connection with FIR No. 131 of 2024, under Sections 137(2)/61(2) of the Bharatiya Nyaya Sanhita, 2023 (“the BNS, 2023”) and Sections 16/17 of the Protection of Children from Sexual Offences Act, 2012 (“POCSO”) read with Section 64 of the BNS, 2023 and Sections 3/4 of the POCSO, Police Station Pulbhatta, District Udham Singh Nagar. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3.

Learned counsel for the applicant would submit that the victim has already been examined at trial and she has not supported the prosecution case; there is no forensic evidence against him. 4. Learned State counsel admits these facts. 5. Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 6. The bail application is allowed. 7. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned. (Ravindra Maithani, J. ) 19. 12. 2024 Sanjay Digitally signed by SANJAY KANOJIADN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, SANJAY KANOJIA 2. 5. 4. 20=e50e50b49596520698eff87e0a08bbd504686df4d1afc60f54a287831dec46fe,postalCode=263001, st=UTTARAKHAND,serialNumber=26EEB7122ED0DD23233A255DD8EC450A84B515A087CAEFD1B3179A7DEAE40699,cn=SANJAY KANOJIADate: 2024. 12. 20 10:49:29 +05'30'

Source: High Court of Uttarakhand. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.