The High Court of Uttarakhand granted bail to the appellant, who held looted property for the benefit of her brother, a co-accused in a robbery case. The court noted she was not a named accused and had no prior conviction.
Applicant released on bail by 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 day of May, 2014
Ist Bail Application No. 518 of 2014
Order on the Bail Application: CRIMINAL SIDE
Smt. Payal alias Usha …… Applicant Versus State of Uttarakhand …… Opposite Party
Mr. Shakti Singh, Advocate for the applicant. Mr. V.S. Pal, AGA with Mr. N.S. Kanyal, Brief Holder for the respondent State.
U.C. Dhyani, J. (Oral)
Applicant Smt. Payal alias Usha, who is in jail in connection with case crime no. 115 of 2014, in respect of offences punishable under Sections 392, 411, 120B of IPC, relating to Police Station, Ranipur, District Haridwar has sought her release on bail.
Heard learned counsel for the parties, perused the documents on record and considered the grounds taken up in the bail application.
An FIR was lodged against four named accused for the offence punishable under Section 392 of IPC, alleging therein, that four miscreants, who came on two motorcycles, robbed the informant of a cash of Rs. 4,500/-, a mobile phone and ATM card on the point of knife. Present applicant was not named in the FIR. It is stated by learned AGA that the applicant was sister of co-accused Ravi Sharma and used to keep looted
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property with her, to be distributed amongst them, after the commission of crime. Nothing was recovered from the possession or at the pointing of the present applicant, who is in confinement since 24.03.2014 and is not a previous convict.
Learned counsel for the applicant submitted that the applicant is ready to furnish local reliable sureties if she is granted bail. Considering the facts and attenuating circumstances, a case for bail is made out in favour of the present applicant.
The bail application is allowed. Let the applicant be released on bail on her executing a personal bond and furnishing two local reliable sureties, each of the like amount to the satisfaction of C.J.M., Haridwar.
Dt. May 15, 2014. Negi
2 issues framed by the court
Whether the bail application filed by the accused sister of a co-accused in charges of robbery is maintainable and deserves grant of bail.
Whether the applicant fulfills the necessary conditions to be released on bail pending trial.
1 provisions across 1 enactments
Smt. Payal alias Usha
State of Uttarakhand
U.C. Dhyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
