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SURENDRA CHAUDHARY v. STATE OF UTTARAKHAND

Supreme Court of India | Diary 41855/2024

Status

Order

Decided On

2024-11-27

Bench

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, HON'BLE MR. JUSTICE DIPANKAR DATTA

Petitioner

SURENDRA CHAUDHARY

Respondent

STATE OF UTTARAKHAND

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2024 [arising out of SLP (Crl.) No. 12898/2024]

SURENDRA CHAUDHARY Appellant

VERSUS

STATE OF UTTARAKHAND Respondent

O R D E R

1. Leave granted.

2. The High Court by the impugned judgment and order dated 29th July, 2024

has rejected the appellant’s prayer for bail.

3. FIR No. 0317 dated 3rd August, 2023 was registered with Police Station

Bahadrabad, Haridwar, Uttarakhand, against unidentified individuals. In course

of investigation, it transpired that the appellant was involved, having committed

offence(s) punishable under Section(s) 420, 467, 468 and 471 of the Indian

Penal Code, 1860. Accordingly, police report (charge-sheet) under Section

173(2) of the Code of Criminal Procedure, 1973 was filed before the relevant

Magistrate. The appellant was taken in custody on 10th August, 2023 and is

behind bars since then.

4. We have heard learned counsel appearing for the parties and perused the

counter affidavit filed on behalf of the respondent-State of Uttarakhand.

5. It appears that the trial is in progress. Out of thirteen (13) witnesses the

prosecution proposes to examine to drive home the charges against the

appellant, two (2) witnesses have already been examined. It is also clear that

the offences alleged against the appellant have to be proved based on

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