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Vijendra Kumar Vs State of Uttarakhand — Bail and Remand | Uttarakhand HC (2012)

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Uttarakhand HC
2012
Vijendra Kumar Vs State of UttarakhandVijendra Kumar v. State of Uttarakhand

Allowed

Vijendra Kumar v. State of Uttarakhand

Uttarakhand HC21 Nov 2012BA1/1282/2012

Case brief

AI extract

What is this about?

This is an order on bail application filed by Vijendra Kumar in relation to Case No. 1 of 2011 involving offences under IPC sections 325, 308, and 504. The court allowed the application.

What did the court decide?

The applicant shall be released on bail on executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Additional Chief Judicial Magistrate, Kotdwar.

What the court decided

AI extract

Outcome

The applicant shall be released on bail on executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Additional Chief Judicial Magistrate, Kotdwar.

Issue for consideration

Whether the bail application of the applicant, who is in jail for offences under sections 325, 308, and 504 of IPC, deserves to be allowed. +1 more

Detailed headnote1 paragraphs

The High Court allowed the bail application of the applicant, who was in jail for alleged commission of offences under sections 325, 308, and 504 of the IPC. Without expressing any opinion on final merits, the Court held the applicant deserves bail. The applicant is to be released on executing a personal bond and furnishing two sureties to the satisfaction of the Additional Chief Judicial Magistrate.

A compact analysis

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.

A

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Original Jurisdiction Dated: Nainital: the 21^st day of November, 2012 1^st Bail Application No.1282 of 2012

Order on the Bail Application:

CRIMINAL SIDE

Vijendra Kumar S/o Mahaveer Singh, R/o Gram Hastinapur, Thana Hastinapur, Anaj Mandi H. Block, Tehsil Mawana District Meerut.

………Applicant (in Jail)

Versus

State of Uttarakhand

…… Opposite Party

Arising out of Case Crime No.1 of 2011, Under Section 325, 308, 504 of I.P.C., Patti Talai-2 Chaubattakhal, District Pauri Garhwal.

Mr. Kurban Ali, Advocate, present for the applicant.

Mrs. Mamta Bisht, A.G.A., present for the State.

Mr. Shivanand Bhatt, Advocate, holding brief of Mr. Dinesh Chauhan, Advocate, present for the complainant.

Hon’ble Prafulla C. Pant, J.

Heard.

2

Applicant Vijendra Kumar, who is in jail in connection with Crime No. 1 of 2011, relating to offences punishable under Section 325, 308, 504 Patti Talai-2 Chaubattakhal, District Pauri Garhwal, has sought his release on bail.

Learned counsel for the applicant submitted that First Information Report is delayed one. It is further submitted that co-accused Vikas with similar role has already been directed to be released on bail. It is also submitted that the applicant has no criminal history.

1. In the above circumstances, without expressing any opinion, as to final merits of the case, this Court is of the view that applicant deserves bail.

1. Accordingly, the bail application is allowed. Let the applicant Vijendra Kumar S/o Mahaveer Singh, be released on bail, on executing personal bond, and furnishing two sureties, each of the like amount, to the satisfaction of the Additional Chief Judicial Magistrate, Kotdwar.

21.11.2012 JM

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the bail application of the applicant, who is in jail for offences under sections 325, 308, and 504 of IPC, deserves to be allowed.
2.
Whether the delay in the First Information Report and bail granted to a co-accused influence the discretion to grant bail.

Statutes considered

3 provisions across 1 enactments

AI extract

I.P.C.325308504

Parties & counsel

AI extract

applicant
Vijendra Kumar S/o Mahaveer Singh

Coram

AI extract

Prafulla C. Pant

Case details

As recorded by the court registry

Court: Uttarakhand HC
Decided on: 21 Nov 2012 · November
Registered: 11 Oct 2012
Case no.: BA1/1282/2012
CNR: UKHC010039622012
Topic: Bail and Remand
Bench: Prafulla C. Pant
Disposal: DISPOSED

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Cite this judgement

Vijendra Kumar v. State of Uttarakhand, BA1/1282/2012 (UK), decided on 21 November 2012.

The High Court of Uttarakhand publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

I.P.C.325 · 308 · 504

View all statutes

Bench / Coram

Prafulla C. Pant

Parties & counsel