Allowed

Balkar Singh v. State Of Uttarakhand

Uttarakhand HC3 Dec 2013BA1/1401/2013

Case brief

AI extract

What is this about?

This bail application respondent in jail for offences under the Immoral Traffic Act and IPC sections sought release. The High Court allowed bail, deeming the applicant deserving of release based on the merits of the FIR complaints without deciding final case merits.

What did the court decide?

Bail allowed; applicant to be released on executing a personal bond of ₹25,000 and furnishing two sureties of like amount.

Balkar Singh Vs State Of Uttarakhand — Uttarakhand HC (2013) — LawSathi Research

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Original Jurisdiction Dated: Nainital: the 3^rd day of December 2013 First Bail Application No. 1401 of 2013

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Criminal Side Balkar Singh S/o Tarun Singh R/o 10/82 Dakchhirpuri New Delhi, 62.

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……...Applicants ( in Jail)

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Versus

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State of Uttarakhand through Secretary Home, Civil Secretariat Dehradun

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…..….Opposite Party

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Arising out of FIR No. 36 of 2013 Under Section: 5/6 Immoral Traffic (Prevention) Act, 376D, 504 and 506 IPC

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Police Station Mallital Nainital District Nainital

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Hon’ble V.K. Bist, J.

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Mr. N.S. Pundir, Advocate, present for the applicants.

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Mr. M.A. Khan, A.G.A., with Ms. Shiwali Joshi, Brief Holder, present for the State.

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Heard.

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Applicant‐ Balkar Singh who is in jail in connection with FIR No. 36 of 2013, relating to offences punishable under section 5/6 Immoral Traffic (Prevention) Act, 376D, 504 and 506 IPC, registered at P.S. Mallital Nainital, District Nainital, has sought his release on bail.

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Learned counsel for the applicant submitted that in the First Information Report, the complainant herself stated that she was brought to Nainital on booking for a sum of ` 10,000/‐. It is further contended that if allegations of the complainant are treated to be true in that event also, the complainant is consented party. He contended that from the FIR itself, no such offence is made out as alleged by the prosecution. It is further submitted that applicant has falsely been implicated in the case.

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Having considered submission of learned counsel for the applicant, without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail.

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Accordingly, the bail application is allowed. Let applicant Balkar Singh be released on bail on executing personal bond of ` 25,000/‐and furnishing two sureties, each of the like amount to the satisfaction of the Magistrate concerned.

¶19

Parul

Balkar Singh v. State Of Uttarakhand

Case brief

What is this about?

What did the court decide?

Balkar Singh v. State Of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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