High Court of Uttarakhand allowed the bail application of the applicant in a case involving Sections 370, 376, POCSO and SITMICA charges, granting bail due to parity with co-accused already released and the applicant having no prior criminal history.
Released on bail upon executing a personal bond and furnishing two local reliable sureties.
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ORIGINAL JURISDICTION Dated : Nainital the 15th May, 2014
First Bail Application No.160 of 2014 Order on the bail application of accused
CRIMINAL SIDE
Rabbani @ Mohd. Abdul Rabban … Applicant
versus
State of Uttarakhand … Respondent
Mr. Mohd. Safdar, Advocate for the applicant. Mr. P. S. Soan, Deputy Advocate General present for the respondent State.
U.C. Dhyani, J. (Oral)
The applicant seeks bail in connection with Case Crime no.270 of 2013, under Sections 370, 376(f)/34 IPC and Sections 4, 5, 6 Suppression of Immoral Traffic Act and Section 4/5 Protection of Children from Sexual Offence Act, P.S. Kotwali Roorkee, District Haridwar.
Heard learned counsel for the parties, considered the grounds taken in the bail application and perused the documents on record.
Co-accused, namely, Tausif and Mohd. Akhlakh, with similar roles, have been granted bail by this Court, vide orders dated 27.12.2013 and 06.05.2014 respectively. The bail application of the present applicant deserves to be allowed only on the basis that co-accused Tausif was granted bail by this Court. The present applicant has no previous criminal history and is in jail since November, 2013. Learned counsel for the applicant
-2-
submitted that the applicant is ready to furnish local reliable sureties, if he is granted bail.
Considering the above facts and circumstances, a case of bail is made out in favour of the present applicant on the ground of parity. The bail application is allowed. Let the accused-applicant be released on bail on his executing a personal bond and furnishing two local reliable sureties, each of the like amount to the satisfaction of the A.C.J.M., Roorkee.
Dated 15th May, 2014
Rawat
1 issue framed by the court
Whether bail should be granted to the applicant on the ground of parity with co-accused who were already granted bail.
Rabbani @ Mohd. Abdul Rabban
State of Uttarakhand
U.C. Dhyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
