Single judge permitted regular bail to accused in custody under Sees 356 and 411 IPC on bond and sureties, citing State of Kerala Vs. Raneef regarding time spent in jail if acquitted.
Released on bail on furnishing a personal bond of Rs.50,000/- and two sureties of like amount.
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction 1st Bail Application No. 436 of 2013 Order on bail application of the accused
Amar Deep Singh S/O Ajeet Singh … Applicant (in jail) Vs State of Uttarakhand … Opp. Party
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Mr. Pratiroop Pandey, Advocate, present for the applicant Mr. S.S. Adhikari, learned Brief Holder, present for the State
Hon’ble Alok Singh, J.
This is a 1st bail application seeking regular bail in F.I.R. No. 629 of 2012, under Sections 356 and 411 I.P.C., P.S. Rudrapur, District Udham Singh Nagar
Learned counsel for the applicant submits that applicant is in custody w.e.f. 9th January, 2013; after investigation chargesheet has already been submitted; offences are triable by Magistrate; he while placing reliance on the judgment of Hon’ble Apex Court in the case of State of Kerala Vs. Raneef reported in 2011 (1) SCC, 784 , argued that if bail is declined and ultimately accused/applicant is acquitted, the time spent by the applicant in jail cannot be restored to him.
Considering the totality of the facts and circumstances of the case, I direct, let the accused/applicant be released on bail on furnishing a personal bond of Rs.50,000/- and two sureties of like amount to the satisfaction of Magistrate concerned.
(Alok Singh, J.)
22.05.2013 Shiv
1 issue framed by the court
Whether bail should be granted to the applicant under Sections 356 and 411 IPC considering the risk of failure to appear and other factors.
Colour shows how this judgement treated each authority
State of Kerala Vs. RaneefRelied on¶7
State of Kerala Vs. Raneef
Amar Deep Singh
Alok Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
