The Single Judge allowed a bail application filed by Furkan, releasing him on a personal bond of Rs. 50,000 and two sureties, based on the totality of facts and reliance on an Apex Court judgment.
Release on bail on personal bond of Rs. 50,000 and two sureties of the like amount.
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Original Jurisdiction
Dated: Nainital the 27th Day of May, 2013 1st Bail Application No. 725 of 2013
Order on the Bail Application:
CRIMINAL SIDE
Furkan …………..Applicant. Versus State of Uttarakhand .………….Respondent.
Present: Jitendra Chaudhary, Advocate for the applicant. Mr. Hari Om Bhakuni, Brief Holder for the State of Uttarakhand / respondent.
Hon’ble Alok Singh, J. (Oral)
This is a bail application seeking regular bail in Case Crime No. 67 of 2013 under Sections 3/6/11 of Uttarakhand Cow Progeny Act, 2007 and 11 Animal Cruelty Act, Police Station Sahaspur, District Dehradun.
Mr. Jitendra Chaudhary, Advocate appearing for the applicant submits that applicant is in judicial custody with effect from 24.04.2013 and offences are triable by learned Magistrate. 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 learned counsel argued that if bail is declined and ultimately applicant is acquitted, then time spent by the applicant in jail cannot be restored to him.
Considering the totality of the facts and circumstances of the case, bail application is allowed. I direct, let the accused / applicant be released on bail on furnishing his personal bond of `50,000/- and two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Dehradun.
(Alok Singh, J.) 27.05.2013
Sanjay
1 issue framed by the court
Whether the applicant is entitled to regular bail in a non-bailable offence under the Uttarakhand Cow Progeny Act and Animal Cruelty Act.
Colour shows how this judgement treated each authority
State of Kerala vs. RaneefRelied on¶10
State of Kerala vs. Raneef reported in 2011 (1) SCC, 784 · Who else cites this
2 provisions across 2 enactments
Furkan
State of Uttarakhand
Alok Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
