The judge allowed the bail application of an accused alleged to have committed an offence under Section 406 IPC, stating the offence is triable by a Magistrate and no offence was made out on the facts.
Regular bail granted on furnishing a personal bond of ₹50,000 and two sureties of the like amount.
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.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Original Jurisdiction 1st Bail Application No. 928 of 2013 Order on the bail application of the accused.
Akil Ahmed and another. …….Applicants (in Jail).
Versus
State of Uttarakhand. …......…. Opposite Party.
Present:
Mr. S.C. Bhatt, Advocate for the applicants. Mr. K.S. Rautela, A.G.A. for the State.
Hon’ble Alok Singh, J (Oral).
This is an application seeking regular bail in case crime no. 122 of 2013 under Section 406 IPC police station Ranipur, District Haridwar.
Learned counsel for the applicant submits that no offence under Section 406 IPC is made out; despite issuing notice to the complainant, he failed to unload his truck; on being demanded demurrages, as a counter blast, impugned FIR was lodged; the offence is triable by Magistrate.
Considering the totality of facts and circumstances of the case, bail application is allowed. Let the applicant be released on bail, on his furnishing a personal bond of ` 50,000/- and two sureties, of the like amount, to the satisfaction of Chief Judicial Magistrate, Haridwar.
(Alok Singh, J.) 22.07.2013
SKS
3 issues framed by the court
Whether the offences under Section 406 IPC are triable magisterially and whether to grant bail.
Whether the facts of the case make out an offence under Section 406 IPC.
Whether to release the applicant on bail with personal bond and sureties.
2 provisions across 2 enactments
Akil Ahmed
Alok Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
