In a bail application underSections 395, 397, and 412 IPC, the court held that a case for bail was made out given the lack of TID parade and recovery from the applicant, allowing release on personal bond with sureties.
The accused-applicant to be released on bail on executing a personal bond and furnishing two local reliable 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 02nd May, 2014
First Bail Application No.483 of 2014 Order on the bail application of accused
CRIMINAL SIDE
Khalil … Applicant
versus
State of Uttarakhand … Respondent
Mr. Harshpal Sekhon, Advocate for the applicant. Mr. P. S. Soan, Deputy Advocate General for the respondent State.
U.C. Dhyani, J. (Oral)
The applicant seek bail in connection with F.I.R. no.285/2012, under Sections 395, 397 & 412 IPC, P.S. Kichha, District Udham Singh Nagar.
Heard learned counsel for the parties, considered the grounds taken in the bail application and perused the documents on record.
Accused persons, allegedly, trespassed in the house of the complainant in the intervening night of 15/16.10.2012 at about 1:30 AM. When complainant alongwith his wife and son was sleeping, four unknown persons broke open the door of complainant’s house and looted the household items. When the complainant’s wife objected, then accused persons assaulted her. When the accused persons fled away from the house, then the villagers set the victims free. They (victims) were sent to the
-2-
Government Hospital, Kichha. Accused persons also looted some cash and three blankets. FIR was lodged on the selfsame day.
On 21.10.2012, the accused persons were found at one place alongwith looted articles. Two accused persons were apprehended on the spot and two fled away. The present applicant is the one, who was not apprehended on the spot and when he was arrested on a subsequent date, nothing was recovered from him. Accused persons were not named in the FIR. It is an admitted fact that no test identification parade was conducted.
Learned counsel for the applicant further submitted that the applicant has no previous criminal history, is in jail since 19.12.2013 and is ready to furnish local reliable sureties, if he is granted bail. Moreover, co-accused, namely Navi Sher @ Navi Sen and Zulfikar @ Zulfe, have been released on bail by this Court, vide order dated 11.03.2014.
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 local reliable sureties, each of the like amount to the satisfaction of the C.J.M ., Udham Singh Nagar.
Dated 02nd May, 2014
Rawat
1 issue framed by the court
Whether a case for bail is made out in light of the facts and circumstances of the case.
Khalil
State of Uttarakhand
U.C. Dhyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
