Preetam v. State
Case brief
What is this about?
In a bail application, the High Court granted bail to the applicant in a case involving kidnapping and culpable homicide not amounting to murder, noting insufficient material in the record and no allegation by the victim that the applicant was involved.
What did the court decide?
The applicant was enlarged on bail in case crime No. 252/2005, U/Ss 364, 307 I.P.C., on executing a personal bond and two sureties.
What the court decided
IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Criminal Bail Application No. 525 of 2006
Preetam S/o Paltu r/o Village Mathana, P.S. Khanpur, District Haridwar …. Applicant. Versus State of Uttaranchal … Respondent.
Arising out of Case Crime No. 252/2005 U/Ss 364, 307 I.P.C. P.S. Manglore, District Haridwar.
Hon'ble B.C. Kandpal, J.
The applicant has applied for bail in case crime No. 252/2005, U/Ss 364, 307 I.P.C. Police Station Manglore, District Haridwar.
Heard Sri Sanjeev Singh, learned counsel for the applicant, learned A.G.A. and perused the record.
The case diary reveals that Satveer was kidnapped and was found subsequently in an injured state. Satveer has not named the applicant either in the capacity of a kidnapper or has also not alleged that the applicant is responsible in any manner for causing the injury on the person of Satveer.
The counter affidavit has been field by the State which also does not indicate any sufficient material against the applicant at this stage.
The applicant is in jail since 22-11-2005.
Having considered the period of detention of the applicant, as well as that no sufficient material is available against the applicant, I am of the view that the applicant be released on bail at this stage.
Issues for consideration
2 issues framed by the court
Whether the applicant should be released on bail given the lack of sufficient material identified in the counter affidavit and case diary against him.
Whether the kidnapping victim has named the applicant as responsible for the kidnapping or the injuries caused to him.
Parties & counsel
- applicant
Preetam
- respondent
State of Uttaranchal
Coram
B.C. Kandpal
Case details
As recorded by the court registry
- Court
- Uttarakhand HC
- Decided on
- · July
- Registered
- Case no.
- BA1/525/2006
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