Single judge order granting bail to an accused in a criminal case involving offences under Sections 364A and 120B IPC, based on lack of criminal history and role of co-accused.
Release of applicant on bail upon executing personal bond and furnishing two sureties of similar amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Original Jurisdiction Dated: Nainital: the 12th day of December, 2011 First Bail Application No. 1051 of 2011
Criminal Side
Mange Ram S/o Rajpal R/o Village Ismailpur P.S. Biharigarh District Saharanpur (U.P)
….Applicant(In Jail)
Versus
State of Uttarakhand
..…..Opposite Party
Arising out of Case Crime No. 221 of 2011 Under Section: 364A and 120B of I.P.C. Police Station: Kotwali Roorkee District: Hardwar
Hon’ble Prafulla C. Pant, J.
Mr. Manish Arora, Advocate, present for the applicant.
Mr. S.S.Adhikari, A.G.A., present for the State.
Heard.
2
Applicant– Mange Ram, who is in jail in connection with Crime No. 221 of 2011, relating to offences punishable under section 364A and 120B of I.P.C., Police Station Kotwali Roorkee, District Hardwar, has sought his release on bail.
Counter affidavit has been filed on behalf of the state. Same be taken on record.
Co accused Sanjay Sharma, with similar role, has already been directed to be released on bail by this court vide its order dated 14.11.2011. Learned counsel for the applicant pleaded that complainant is a property dealer, who had taken money from the relatives of accused Sanjay Sharma, and due to that dispute Sanjay Sharma and others were implicated. The applicant is in jail for last six months. The applicant has no criminal history.
In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that the applicant deserves bail.
The Bail Application is allowed. Let the applicant-Mange Ram, be released on bail on executing personal bond, and furnishing two
3
sureties each of the like amount, to the satisfaction of Judicial Magistrate, Roorkee. (Urgency Application No. 4475 of 2011 stands disposed of).
(Prafulla C. Pant, J.)
Dt.12.12.2011 Nahid
1 issue framed by the court
Whether the applicant deserving bail in a case under Sections 364A and 120B IPC should be released on bail.
Mange Ram
State of Uttarakhand
Prafulla C. Pant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
