Aloksingh, J., rejected a bail application for Mobin Baig, an applicant who had previously failed to appear on bail for charges under Section 401 IPC. The High Court held he may disappear again and does not deserve bail.
Bail application rejected. Trial court requested to expedite trial.
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction 1st Bail Application No. 690 of 2013 Order on the bail application of the accused.
Mobin Baig. …….Applicant. (in Jail).
Versus
State of Uttarakhand. …......…. Opposite Party.
Present:
Mr. Ahrar Baig, Advocate for the applicant. Mr. H.O. Bhakuni, Brief Holder for the State.
Hon’ble Alok Singh, J (Oral).
This is an application seeking regular bail in Case Crime No. 3657 of 2006 (criminal case no. 607 of 2012) under Section 401 IPC, police station Rudrapur, District Udham Singh Nagar.
Applicant was enlarged on bail, however, he failed to appear before the trial court on the date fixed, therefore, non bailable warrant was issued against the applicant on 23.01.2007 but he was able to avoid his arrest and ultimately, he could surrender before the court on 05.02.2013 and case is pending against the applicant right from 2006.
Considering the totality of facts and circumstances of the case, I am of the view that if applicant is once again enlarged on bail, he may again disappear and may involve in criminal activities, therefore, applicant does not deserve bail at this stage. Bail application is rejected at this stage. However, trial court is requested to expedite the trial and not to grant unnecessary adjournment to either of the parties.
(Alok Singh, J.) 20.05.2013
SKS
2
2 issues framed by the court
Whether the applicant deserves regular bail given his prior failure to appear on bail and subsequent surrender.
Whether the application for regular bail should be allowed or rejected.
Mobin Baig
Alok Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
