The High Court of Uttarakhand dismissed a bail application of the accused in a murder and dacoity case. The court held that bail should not be granted in the present circumstances, citing involvement in serious offences and recovery of incriminating articles.
Bail application dismissed.
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 17th May, 2014
First Bail Application No.409 of 2014
Order on the bail application of accused
CRIMINAL SIDE
Naresh … Applicant
versus
State of Uttarakhand … Respondent
Mr. Amish Tewari, Advocate for the applicant. Mr. Pramod Tewari, Brief Holder, present for the State.
U.C. Dhyani, J. (Oral)
The applicant seeks bail in connection with Case Crime no. 499 of 2012, punishable under Sections 396, 302, 412, 120-B of IPC, P.S. Rudrapur, District Udham Singh Nagar.
Heard learned counsel for the parties, considered the grounds taken in the bail application and perused the documents on record.
The FIR was lodged against four named accused including the applicant for the offences punishable under Sections 394, 302, 412, 120-B IPC. The accused persons allegedly inflicted stab wounds on the victim, as a consequence of which, he died. The accused persons also robbed the victim of cash and valuables. The suitcase and vest coat of the victim was allegedly recovered at his pointing of present applicant on 12.02.2013. The applicant was named in FIR and to compound to his miseries, recovery of incriminating articles under Section 27 Evidence Act is also there.
It is not a case in which the bail should be granted. The bail application is accordingly dismissed.
(U. C. Dhyani, J.) 17.05.2014
SH
2 issues framed by the court
Whether bail should be granted to the accused in case Crime no. 499 of 2012 involving offences under Sections 396, 302, 412, 120-B IPC.
Whether recovery of evidence as shown by applicant warrants granting bail.
Naresh
State of Uttarakhand
U. C. Dhyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
