DEEPAK Vs. STATE OF UTTARAKHAND & OTHERS
HIGH COURT OF UTTARAKHAND
State of Uttarakhand and others
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(1.) Having heard learned Counsel for the petitioner and learned Dy. Advocate General (Criminal) for the State and on going through the papers on record, it transpires that the petitioner and other accused persons, namely, Kapil, Dushyant and Manoj are the members of a wellorganized gang of scoundrels, who are in the habit of plundering the people on the road. These accused persons earn their livelihood by extorting money from public at large. Their activities are so terrible in nature that local people always remain scared and engrossed by the terror spread by them. Nobody dares to lodge an FIR against them. Police nabbed the petitioner and other co-accused on a Pulsar Motorcycle on 16.8.2012.
(2.) Learned Counsel for the petitioner argued that this motorcycle belongs to the petitioner himself. However, no paper has been shown to this effect. Simply a receipt issue by a private person Yashveer has been filed as Annexure 4 to the petition.
(3.) SHO, PS Jhabrera has detailed the criminal history of all the accused persons in the FIR. Learned Counsel for the petitioner argued that the petitioner has been granted bail in all the offences detailed by the SHO. In the opinion of this Court release on bail by itself is not sufficient to presume that the accused petitioner is innocent.;
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