Justice U.C. Dhyani considered the bail application of Yogesh Kumar Kakkar, convicted of offences including dowry harassment and hurting the victim. Considering facts and attenuating circumstances including co-accused's bail, the court granted bail.
Accused applicant released on bail by executing personal bond and furnishing two sureties.
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ORIGINAL JURISDICTION Dated : Nainital the 24th March, 2014
First Bail Application No.121 of 2014 Order on the bail application of accused
CRIMINAL SIDE
Yogesh Kumar Kakkar … Applicant versus State of Uttarakhand … Respondent
Mr. R. P. Nautiyal, Senior Advocate assisted by Mr. P. C. Pethshali, Advocate for the applicant.
Mr. Hari Om Bhakuni, Brief Holder with Ms. Shivali Joshi, Brief Holder for the respondent State.
U.C. Dhyani, J. (Oral)
The applicant seeks bail in connection with Case Crime no.363 of 2013, under Sections 498A, 323, 324 & 506 IPC and Section 3/4 Dowry Prohibition Act, P.S. Patelnagar, District Dehradun.
Heard learned counsel for the parties, considered the grounds taken in the bail application and perused the documents on record.
Victim lodged an FIR against her husband, father-in-law, mother-in-law and brother-in-law for the offences punishable under Sections 498A, 323, 324, 506 IPC and Section ¾ of the Dowry Prohibition Act. Apart from the allegations of dowry harassment, it is also stated in the FIR that the present applicant, i.e., husband of the victim inflicted blow of knife on the victim, as a consequence of which, she sustained injury on her palm. Accused persons grounded the victim and also assaulted her.
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Injury report of the victim indicates that she sustained incised wound on dorsal aspect of left hand, as also contusions. The said injuries were caused by hard blunt object. The applicant is in jail since 18.12.2013. Co-accused Kishan Lal Kakkar, who is the father-in-law of victim, was granted bail by this Court, vide order dated 12.03.2014.
Considering the facts and attenuating circumstances, a case for bail is made out in favour of the present applicant too. Let the accused-applicant be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount to the satisfaction of the C.J.M., Dehradun.
Dated 24th March, 2014 Rawat
1 issue framed by the court
Whether bail is a case for the applicant charged under Sections 498A, 323, 324 and 506 IPC and Dowry Prohibition Act.
2 provisions across 2 enactments
Yogesh Kumar Kakkar
State of Uttarakhand
U.C. Dhyani
As recorded by the court registry
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