This bail application was allowed. Considering the co-accused had been granted bail and the applicant had no prior criminal history, a case for bail was made out on grounds of parity.
Released on bail on executing a personal bond and furnishing two 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.369 of 2014 Order on the bail application of accused
CRIMINAL SIDE
Jeewan Lal Sah … Applicant
versus
State of Uttarakhand … Respondent
Mr. Ganesh Kandpal, 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.8 of 2014, under Sections 302, 201 IPC, P.S. Kapkot, District Bageshwar.
Heard learned counsel for the parties, considered the grounds taken in the bail application and perused the documents on record.
Co-accused, namely, Gopal Lal Sah and Bishan Lal Sah with similar roles, have been granted bail by this Court, vide orders dated 06.05.2014 and 09.05.2014 respectively. The details of the prosecution story and the reason assigned for grating bail to the coaccused are given in the bail application no.355/2014 of coaccused Gopal Lal Sah. This Court need not, therefore, reproduce the contents of the FIR in this bail order. The present applicant has no previous criminal history.
Considering the above facts and circumstances, a case of bail is made out in favour of the present applicant on the ground of
-2-
parity. 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 C.J.M., Bageshwar.
[ (U. C. Dhyani, J.)
Dated 15th May, 2014 Rawat
2 issues framed by the court
Whether bail is maintainable in the present case.
Whether grounds for parity exist for granting bail to the applicant.
Jeewan Lal Sah
State of Uttarakhand
U. C. Dhyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
