In this bail application, the High Court of Uttarakhand considered the allegations regarding a fake death certificate. Considering the deposit of surety and detention, the court allowed bail on a personal bond with two sureties.
The bail application was allowed; the accused-applicant to be released on executing a personal bond and furnishing two sureties.
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 Dated : Nainital the 05th May, 2014
First Bail Application No.1331 of 2013 Order on the bail application of accused
CRIMINAL SIDE
Dharam Kumar … Applicant versus State of Uttarakhand … Respondent
Mr. Mohd. Safdar, Advocate for the applicant. Mr. S. S. Adhikari, Brief Holder for the respondent State.
U.C. Dhyani, J. (Oral)
The applicant seeks bail in connection with F.I.R. no.265/2013, under Sections 420, 467, 468 & 471 IPC, P.S. Kotwali Gangnahar Roorkee, District Haridwar.
Heard learned counsel for the parties, considered the grounds taken in the bail application and perused the documents on record.
The allegation against the applicant is that a fake death certificate of an accused, for whom the present applicant stood surety, was presented before the lower appellate court. The said accused, for whom the present applicant stood surety, did not surrender before the court and, instead, a fake death certificate of that accused was presented by the applicant & another to show that the said accused died. Subsequent thereto, the surety amount of Rs.50,000/- was deposited by the present applicant on 30.08.2013
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in compliance of the order dated 19.08.2013 of Additional Sessions Judge, Roorkee. The same is evident from the certified copy of the order dated 30.08.2013 passed by the said court. The accused applicant is now entitled to bail on two counts, viz, (i) he has already deposited a sum of Rs.50,000/- (surety amount) before the court concerned, and (ii) he is in jail since 28.09.2013.
Considering the above facts and circumstances, a case of bail is made out in favour of the present applicant. The bail application is allowed. 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 A.C.J.M., Roorkee.
Dated 05th May, 2014 Rawat
2 issues framed by the court
Whether the bail application should be allowed given the circumstances of the alleged fake death certificate and pre-deposited surety.
Whether the bail conditions can be framed requiring a personal bond and sureties.
Dharam Kumar
State of Uttarakhand
U.C. Dhyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
