The High Court of Uttarakhand granted regular bail to the accused in a criminal case involving offences under IPC and SC & ST Act, allowing his release on a personal bond of Rs. 50,000 and two sureties.
Bail allowed on personal bond of Rs. 50,000 and two sureties of like amount to the CJM, Dehradun.
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. 936 of 2013 Order on the bail application of the accused.
Sobhit Gupta. …….Applicant (in Jail).
Versus
State of Uttarakhand. …......…. Opposite Party.
Present:
Mr. V.P. Bahuguna, Advocate for the applicant. Mr. S.K. Chaudhary, Additional G.A. for the State.
Hon’ble Alok Singh, J (Oral).
This is an application seeking regular bail in case crime no. 191 of 2013 under Section 120-B, 376, 504, 506 IPC and 3 (12) of the SC & ST Act, police station Kotwali Dehradun, District Dehradun.
Learned counsel for the applicant submits that prosecution story, on the face of it, seems to be concocted and totally false; applicant is in jail with effect from 19.06.2013. He, while placing reliance on the dictum of Hon’ble Apex Court, in the case of State of Kerala Vs. Raneef reported in 2011 (1) SCC 784 contends that if applicant is not enlarged on bail and is ultimately, acquitted in the trial, the time spent by the applicant in jail during trial, cannot be restored to him.
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, Dehradun.
SKS
2
1 issue framed by the court
Whether the applicant deserves regular bail in a case involving offences under Section 120-B, 376, 504, 506 IPC and Section 3(12) of the SC & ST Act.
Colour shows how this judgement treated each authority
Sobhit Gupta
Alok Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
