This is the second bail application for regular bail under Sections 386 and 120-B IPC. The court considered the totality of circumstances and granted bail contingent upon furnishing a personal bond of Rs.50,000 and two sureties.
Released on bail on furnishing 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 2nd Bail Application No.70 of 2013 Order on bail application of the accused
Sukhdev Singh @ Goldie S/o Kashmir Singh … Applicant (in jail) Vs State of Uttarakhand … Opp. Party
======================================================= Mr. Suyash Pant, Advocate for the applicant. Mr. K.S. Rautela, A.G.A. for the State.
Hon’ble Alok Singh, J.
This is a 2nd bail application seeking regular bail in Case F.I.R. No. 524 of 2012, under Sections 386 and 120-B I.P.C., P.S. Kashipur, District Udham Singh Nagar.
First Bail Application was permitted to be withdrawn vide order dated 03.04.2013 with liberty to move fresh bail application after the statements of complainant are recorded in the trial court.
Learned counsel for the applicant submits that in the present case, complainant has already been examined; offences are triable by the 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 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 his personal bond of Rs.50,000/- and two sureties of like amount to the satisfaction of learned Trial Magistrate.
Bail application stands allowed accordingly.
(Alok Singh, J.)
03.07.2013
Shiv
2 issues framed by the court
Whether regular bail should be granted to the accused in a case triable by a Magistrate.
Whether personal bond and sureties would suffice for the release on bail.
Colour shows how this judgement treated each authority
State of Kerala Vs. RaneefReferred¶7
2011 (1) SCC, 784 · Who else cites this
Sukhdev Singh @ Goldie S/o Kashmir Singh
Alok Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
