A bail application was admitted. The court, considering the facts and circumstances, held that a case for bail was made out and granted bail with the condition of executing a personal bond with two sureties.
Bail granted on executing a personal bond with two sureties, each of like amount, to the satisfaction of CJM, Haridwar.
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B.A.1 No. 1270 of 2014
U.C. Dhyani, J.
Mr. Sanjeev Singh, Advocate for the applicant.
Mr. H.S. Rawal, A.G.A. and Mr. Pramod Tiwari, Brief Holder for the respondent State.
Applicant, who is in jail in connection with case crime no. 195 of 2014, under Sections 307, 308, 354D IPC, registered at police station, Ranipur, District Haridwar, has sought his release on bail.
Heard learned counsel for the parties, perused the material on record and considered the grounds taken up in the bail application.
Initially, an FIR was lodged against the applicant in connection with the offences punishable under Sections 307, 308 IPC, alleging therein that whereas the applicant wanted to kill the maternal uncle of the informant, the bullet hit a person, who was riding a bicycle. According to the statement of the injured, recorded under Section 161 Cr.P.C., he sustained gun shot injury on the right side of his abdomen. It is the submission of learned counsel for the applicant that there was no intention on the part of the applicant to kill the bicycle rider. The applicant is in jail since 25.05.2014.
Considering all the facts and circumstances, a case for bail is made out.
Bail application is allowed.
Let the applicant be released on bail on his executing a personal bond and furnishing two sureties, each of like amount, to the satisfaction of CJM, Haridwar.
HN
3 issues framed by the court
Whether the applicant satisfies the conditions for bail in a non-bailable offence under Sections 307, 308 IPC punishable with life imprisonment or rigorous imprisonment.
Whether bail can be granted to the accused who has been in judicial custody since 25.05.2014.
Whether the suggested bond amount and surety conditions are appropriate in the present bail application.
3 provisions across 1 enactments
Applicant
State
U.C. Dhyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
