Allowed

Dinesh v. State Of Uttarakhand

Uttarakhand HC27 May 2014BA1/585/2014

Case brief

AI extract

What is this about?

The High Court of Uttarakhand allowed the bail application of Dinesh, an accused in a robbery case involving assault and property destruction. Granting bail on the grounds of parity with a co-accused already released and considering the absence of a test identification parade.

What did the court decide?

The applicant Dinesh was ordered to be released on bail upon executing a personal bond and furnishing two reliable sureties.

Dinesh Vs State Of Uttarakhand — Cheating and Forgery | Uttarakhand HC (2014)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Original Jurisdiction

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Dated: Nainital the 27^th Day of April, 2014 1^st Bail Application No. 585 of 2014.

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Order on the Bail Application:

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CRIMINAL SIDE

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Dinesh .…… Accused/Applicant (in jail)

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versus

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State of Uttarakhand ...………. Opposite party FIR No. 209 of 2013 Under Sections 395, 397 and 412 of IPC Police Station – Thana Rudrapur District – Udam Singh Nagar

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Mr. Saurav Adhikari, Advocate present for the applicant. Mr. P.S.Soun, learned Deputy Advocate General, present for the State/respondent.

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U.C.Dhyani, J.

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Applicant, who is in jail in connection with FIR No. 209 of 2013, relating to offences punishable under Sections 395, 397 and 412 of IPC, Police Station –Thana Rudrapur, District Udham Singh Nagar, has sought his release on bail.

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Heard learned counsel for the parties, perused the material on record and considered the grounds taken up in the bail application.

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A first information report was lodged against unknown persons on 09.04.2013 for the offences punishable under Sections 394 and 397 of IPC. It is the allegation that four miscreants robbed the informant of cash, mobile, and household goods. The miscreants also committed assault with the informant and his family members.

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Although the first information report was lodged against the unknown persons, but no test identification parade has been conducted so far. The applicant, who is in jail since 30.10.2013, has no previous criminal history. Co-accused Rakesh Kumar Rastogi, with similar role, was directed to be enlarged on bail vide order of this Court dated 09.04.2014.

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Considering the facts of the case and attenuating circumstances, a case of bail is made out in favour of the applicant on the ground of parity.

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Accordingly, the bail application of the applicant is allowed. Let the applicant Dinesh be released on bail on his executing a personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar.

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(U.C.Dhyani J.) 27.05.2014

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Kaushal

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Dinesh v. State Of Uttarakhand

Case brief

What is this about?

What did the court decide?

Dinesh v. State Of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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